4.1.2 divisions of constitutional law making power

Question 1

what are the three areas of law making powers

Answer 1

exclusive
concurrent
residual

Question 2

define exclusive powers

Answer 2

law making powers granted only to the commonwealth parliament by s51 and s52 of the Australian constitution.

Question 3

three examples of exclusive powers

Answer 3

• defence
  -currency
  -customs and border protection

Question 4

define concurrent powers

Answer 4

law making powers granted to both the commonwealth and state parliament are called concurrent powers

Question 5

three examples of concurrent powers

Answer 5

• Marriage and divorce
• Taxation
• Banking

Question 6

define residual powers

Answer 6

law making powers that are not granted to the commonwealth parliament in the Australian constitution and therefore belong to the state parliament.

Question 7

what does a head of power mean

Answer 7

A ‘head of power’ means that the commonwealth parliament can only create legislation on subject matter that is explicitly mentioned in the constitution

Question 8

what are 4 examples of residual powers

Answer 8

• Agriculture
• Police
• Prisons
• Criminal law