U4 AO2 1a lesson 3: div of law making powers btwn commonwealth + states

Question 1

purpose of constitution

Answer 1

The Constitution can be considered like a rule-book for the way in which Aus was going to be governed. It included elements such as:

• The structure of parliament
• How the constitution can be changed
• The rights of the people
• The role of the High Court

Question 2

? specific powers

is specific powers exclusive + concurrent?

Answer 2

Section 51 and Section 52 outlines the areas of lawmaking that Cwth parli are able to legislate on.

All areas of lawmaking given to Commonwealth parliament are referred to as Specific Powers.

Question 3

exclusive powers

Answer 3

Areas of lawmaking that are given only to the Commonwealth to legislate on.

these areas are considered significant on a nationally level and therefore only Commonwealth parliament can legislate on them.

s51 and s52

Question 4

example: exclusive powers

Answer 4

• Currency
• Defence
• Immigration

Question 5

concurrent powers

Answer 5

lawmaking powers that the States handed over to the Commonwealth however, they have not been made exclusive, so they are shared.

This means that States are also allowed to legislate in these areas however, the Commonwealth will prevail in these areas should an inconsistency arise.

Question 6

example: concurrent powers

Answer 6

• Banking
• Railway

*Trade and commerce between states of Australia

Question 7

residual power

Answer 7

Residual powers do not appear in the Constitution as they are not areas in which the Commonwealth can legislate; only the States can make laws in these areas.

Question 8

examples : residual power

Answer 8

• education
• public transport
• road laws

Question 9

how are powers exclusive