Yeah I think there's gonna be a big one on precedent and powers of the commonwealth
I would be ready for this If I started studying last term lol
division of powers ya mean?
yes exactly! Speaking of which can anyone give a breif summary on this area? Like which sections state each power? thanks in advance..Cbs checking textbook
here ya go:
DIVISION OF POWER UNDER THE CONSTITUTION
Commonwealth of Australia Constitution Act 1900 (UK) → Constitution → 1st January 1901
Constitution states all powers of federal parliament whilst leaving all unmentioned area's to the states with a few concurrent area's that are enumerated in the Constitution
Residual powers
-States as seperate colonies had the power to make law in all areas before the federation
-They are all the area's of power that are not mentioned in the Constitution , they are given and held by state parliaments
-Constitution does NOT list residual powers
S107 “every power of the states shall continue unless exclusively given to the Commonwealth or withdrawn from the state” (recognises that all unmentioned areas are given to the states)
Examples of residual powers:
-public transport
-health
-education
-law enforcement
-environment
Specific powers (exlclusive and concurrent)
-Constitution gives the Cth parliament specific powers to “make laws for the peace, order and good government of the Commonwealth”
-Specified in Constitution, also known as enumeraate powers = divided into exlclusive and concurrent powers
-Mostly set out in S51 under the “39 heads of power” (enumerated)
Exclusive powers
-Only can be exercised by the Federal parliament and cannot be shared
-E.g. conining money, customs and exice, military and naval forces
-Exclusive powers not entirely clear under S51 (clarified by other sections)
-E.g. S51(xii) → power to Cth over currency, coinage and legal tender. S115 states prohibited from coining money = only can be done by parliament
-S51 (vi) → power to make laws given to the Cth in regards to naval and military forces. S114 states shall not raise military forces
-S51 (iii) → Cth parliament exclusive in law making on taxes on imports and customs . S90 = states this is exclusive to the Cth parliament
Concurrent powers
-Law making powers exericsed by both the federal and state parliaments
-States share many law-making powers of federal parliament under S51
-E.g. taxation, marriage, census and statistics
-E.g. marriage, divorce and custody → S51 (xxi) and (xxii)
-Taxation → S51 (ii)