Division of powers

Julianne Tewheor
Mind Map by Julianne Tewheor, updated more than 1 year ago
Julianne Tewheor
Created by Julianne Tewheor about 7 years ago


legal studies

Resource summary

Division of powers
  1. Exclusive Powers
    1. law-making powers that can only be exercised by the commonwealth
      1. stated by the Australian commonwealth
      2. concurrent Powers
        1. law-making powers shared between the states and the commonwealth
          1. however they don't legislate laws together
          2. Residual Powers
            1. Law-making powers that can only be exerised by the states
              1. don't specifically stated in the constitution
              2. Specific Powers
                1. AREN'T ALLOCATED POWERS
                  1. Listed specifically clauses by clauses (enumerated)
                    1. specific powers are in section 51 & 52
                      1. section 51 is only the commonwealth and 52 is mostly concurrent powers
                2. Section 109
                  1. when a conflict arises between the state and the commonwealth, commonwealth will prevail
                    1. section 109 should be answered with concurrent powers
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