ATAR Notes: Forum

VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: flash36 on April 16, 2010, 07:50:06 pm

Title: Constitution (s 51)
Post by: flash36 on April 16, 2010, 07:50:06 pm

Are all powers listed in s 51 Exclusive powers?

Title: Re: Constitution (s 51)
Post by: andy456 on April 16, 2010, 08:09:06 pm

No, all powers in section 51 are specific powers; that is they are specifically stated in the Constitution.

Some of these powers are later restricted to being exclusive and some are concurrent. For example, Section 51(xii) is currency, coinage and legal tender. Later in Section 115 it states that the States cannot have there own currency. We must often look at other sections of the Constitution to check whether these powers are exclusive or not.

I hope this makes sense. :D

Title: Re: Constitution (s 51)
Post by: Visionz on April 16, 2010, 08:16:16 pm

Specific. Specific can either be Exclusive or Concurrent.

Title: Re: Constitution (s 51)
Post by: Boots on April 20, 2010, 09:28:53 pm

S51 all law making powers are exercised  by the commonwealth parlt. Only in concurrent does state share power.

Title: Re: Constitution (s 51)
Post by: chocolate05 on April 23, 2010, 05:06:32 pm

not all of S51 is exclusive...

Title: Re: Constitution (s 51)
Post by: Spreadbury on April 28, 2010, 07:44:27 pm

all powers listed in Section 52 are exclusive, but in section 51 they're not reserved for the commonwealth parliament. but when another section of the Constitution put's a restriction on state parliament e.g. Section 115: states cannot coin money. the power becomes exclusive

(this explanation may be unnecessary, andy456 did a pretty good job explaining...oh well lol)