10.5 The Division of Constitutional Law-Making Powers Flashcards
What are the 3 law-making powers?
- residual powers
- concurrent powers
- exclusive powers
What are residual powers?
powers that are not given to the Commonwealth Parliament under the Australian Constitution and which therefore remain solely with the states
What are some examples of residual powers?
- criminal law
- medical procedures such as IVF
- road laws
- education
- public transport
What are exclusive powers?
powers in the Australian Constitution that only the Commonwealth Parliament can exercise
What are examples of exclusive powers?
- defence
- currency
- customs and Border protection
What section are exclusive and concurrent powers expressed in?
Sections 51 and 52
What sections are residual powers protected in?
Sections 106, 107 and 108
What sections are exclusive powers protected in?
Sections 51 and 52
What section is concurrent powers protected in?
Section 51
What are concurrent powers?
powers in the Australian Constitution that may be exercised by both the Commonwealth and one or more state parliaments
