Flashcards
Division of Law-Making Powers
Cards in this deck (7)
- 1Division of Law-Making PowersThe Constitution outlines the powers that the Commonwealth would have upon the beginning of federation.
Most of these are listed in section 51 (specific powers). - 2Exclusive PowersSome of the s 51 powers are exclusive powers. This means that only the Commonwealth can pass laws in these areas. We know they are exclusive either from the wording of the particular part, or because another section of the Constitution expressly prevents the States from passing such a law.
- 3Examples of Exclusive PowersSection 51
The Parliament shall... have power to make laws... with respect to:
(iv) Borrowing money on the public credit of the Commonwealth
(xxx) The relations of the Commonwealth with the islands of the Pacific - 4Prohibited PowersThe drafters of the Constitution also decided that there should be areas in which the Commonwealth should not be allowed to pass laws – these are called prohibited powers. The wording of sections 92 and 117 make clear that these also apply to the States.
- 5Examples of Prohibited PowersOn the imposition of uniform duties of customs, trade, commerce, and intercourse and among the States... shall be absolutely free.
Section 116
The Commonwealth shall not make any law for the establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion...
Section 117
A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. - 6Residual PowersThe powers granted to the States under these sections are called residual powers (ie left over, remaining).
- 7Concurrent PowersMost of the section 51 powers are also concurrent powers. This means that both the Commonwealth and the States can pass laws in respect of these matters. e.g. marriage
Information
- Description
- 12 Legal Studies Flashcards on Division of Law-Making Powers, created by rnoakes on 18/03/2014.
- Created by
- rnoakes
- Views
- 90
- Tags
- Rating