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January 29, 2026, 09:15:10 am

Author Topic: Does citing sections from the constitution really matter ?  (Read 3417 times)  Share 

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s123456

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Does citing sections from the constitution really matter ?
« on: November 06, 2010, 12:56:21 pm »
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Like as in other than the obvious ones such as 128,109 etc.. Is citing different ones along with examples what makes the difference between a 45 and a 50?
Thanks
« Last Edit: November 06, 2010, 01:47:41 pm by s123456 »

Spreadbury

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Re: Does siting sections from the constitution really matter ?
« Reply #1 on: November 06, 2010, 01:32:00 pm »
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uhh well I suppose you should know what section it comes from, for example Exclusive Powers are listed in Section 52 and then learn some examples. It wouldn't be the difference between a 45 and a 50, it's not THAT important to know the sections, but you may as well know them. it can't negatively impact your score afterall
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ezst

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Re: Does siting sections from the constitution really matter ?
« Reply #2 on: November 06, 2010, 01:40:43 pm »
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109, 128 and 52 are most likely your main sections that you need to know.

Although there's no harm in learning some of the others(doubt you'd need to know them in detail).

Eg:
S116 - Freedom of religion
S117 - Rights of residents in states
S99 - Preference
S92 - Free Trade
S106, S108 - Guarantee of state Powers

Ps: I think you mean "Citing" in your subject. :angel:
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Spreadbury

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Re: Does siting sections from the constitution really matter ?
« Reply #3 on: November 06, 2010, 01:41:34 pm »
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Section 51: Enumerated/ Specific Powers
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s123456

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Re: Does siting sections from the constitution really matter ?
« Reply #4 on: November 06, 2010, 01:47:07 pm »
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woops LOL, thankss :)

claire92

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Re: Does siting sections from the constitution really matter ?
« Reply #5 on: November 06, 2010, 01:53:55 pm »
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I think you SHOULD know, section 128, 109,s51 ect, and then your express.

remember 2009 where they asked to define s109 and how many people got stumped!

lilaznkev1n

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Re: Does citing sections from the constitution really matter ?
« Reply #6 on: November 06, 2010, 02:11:51 pm »
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These are the ones that I remember and I find useful in answering questions related to division of law-making power:
Section 51,52 to explain specific powers
Section 116, 117 restrictions on the Commonwealth parliament
Section 114,115 restrictions on the State Parliament (exclusive powers example)
Section 51(xxi) marriage as an example of a concurrent power
Section 109 - Conflicting concurrent powers and how it is resolved
Section 128 - Process of changing the constitution
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Probe

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Re: Does citing sections from the constitution really matter ?
« Reply #7 on: November 06, 2010, 04:01:39 pm »
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No one has quoted it so here:

•the division of power between State and Commonwealth Parliaments under the Commonwealth
Constitution: explanation and examples of specific, concurrent, exclusive, residual powers and the
impact of Section 109;
• the process and impact of change by referendum under Section 128 of the Commonwealth
Constitution;

Only two sections of the constitution that can be explicitly examined but as you can see, it is implied that you know examples of specific, concurrent etc.

chrisjb

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Re: Does citing sections from the constitution really matter ?
« Reply #8 on: November 06, 2010, 04:07:28 pm »
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wouldn't all examples of concurrent power be S51 or S52 anyway?
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ezst

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Re: Does citing sections from the constitution really matter ?
« Reply #9 on: November 06, 2010, 04:19:06 pm »
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wouldn't all examples of concurrent power be S51 or S52 anyway?
Yes that's correct. And the concurrent powers that take affect in the subsections of S51 and S52 are upheld by S109.
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Spreadbury

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Re: Does citing sections from the constitution really matter ?
« Reply #10 on: November 06, 2010, 04:43:50 pm »
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Isn't section 52 purely the exclusive powers of the Commonwealth?
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andy456

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Re: Does citing sections from the constitution really matter ?
« Reply #11 on: November 06, 2010, 04:52:16 pm »
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Section 51 is only specific.....
SPECIFIC!!!!!!!!! they are either concurrent or exclusive (ie made concurrent in other sections)

Section 52 is exclusive (if i am reading my book right)
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Spreadbury

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Re: Does citing sections from the constitution really matter ?
« Reply #12 on: November 06, 2010, 04:56:30 pm »
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Section 51 is only specific.....
SPECIFIC!!!!!!!!! they are either concurrent or exclusive (ie made exclusive in other sections)

Section 52 is exclusive (if i am reading my book right)
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andy456

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Re: Does citing sections from the constitution really matter ?
« Reply #13 on: November 06, 2010, 05:00:17 pm »
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Section 51 is only specific.....
SPECIFIC!!!!!!!!! they are either concurrent or exclusive (ie made exclusive in other sections)

Section 52 is exclusive (if i am reading my book right)
really.... so all of Section 51 is concurrent if not made exclusive elsewhere
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Spreadbury

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Re: Does citing sections from the constitution really matter ?
« Reply #14 on: November 06, 2010, 06:34:58 pm »
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yeah. it's powers given to the commonwealth, but these powers aren't exclusive to the commonwealth and may be legislated on by state parliaments. for example, creating coinage and legal tender is in Section 51, but the States are forbidden to coin money due to section 115
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