Division of Lawmaking Powers

Question 1

What is the constitution?

Answer 1

• A rulebook for the way Australia is to be governed
• Includes:
  
  • Structure of parliament
  • How the constitution can be changed
  • Rights of the people
  • Role of the High Court

Question 2

What are specific powers?

Answer 2

• Areas of lawmaking given to the Commonwealth
• Includes both exclusive and concurrent areas

Question 3

What are exclusive powers?

Answer 3

• Areas of lawmaking that are given only to the Commonwealth to legislate on
• Exist for two reasons:
  
  • Considered significantly important on a national or federal level
  • States are prevented or excluded from making laws in this area by the constitution

Question 4

3x examples of exclusive powers

Answer 4

• Defence
• Currency
• Immigration

Question 5

What are concurrent powers?

Answer 5

• Lawmaking powers that were handed over to the Commonwealth, but were not made exclusive, and are therefore shared
• This means states can legislate in this area, but should an inconsistency arise, the Commonwealth law prevails

Question 6

3x examples of concurrent powers

Answer 6

• Marriage
• Taxation
• Railways

Question 7

What are residual powers?

Answer 7

• Any remaining areas of law that are not included in the constitution
• Only states can make laws in these areas

Question 8

3x examples of residual powers

Answer 8

• Criminal law
• Education
• Public transport