Liuy's Question Thread

[Liuy]

Hey guys, just making a thread to put some of my questions in.

"Explain the role of the Commonwealth Constitution with respect to law-making powers and the protection of rights."

what elements would I have to include in that answer?
Thanks in advance

[eeps]

You should mention the Division of Powers - exclusive, concurrent, residual etc; the Commonwealth Constitution divides law-making powers between the states and the Commonwealth. That answers the first part of the question. In relation to the "protection of rights", talk about how the Commonwealth Constitution places restrictions on the Commonwealth and the states. For example, the Commonwealth cannot restrict free trade among states (s. 92). In this way, neither the states nor the Commonwealth can make laws that infringe on our rights, otherwise it will be declared invalid. The amount of detail you have to go into depends on how much the question is worth. I presume it's just a textbook question? Sorry for the long response!

[Liuy]

Thanks EPL !
yea just a textbook one, my response went like this:
-facilitates the division of powers, which types of powers and who they belong to.
-protecting rights is achieved by two mechanisms
          - High Court
          - Restrictions on Commonwealth's law making power.

Its surprising how much detail you have to put in some legal questions hahaha

[andy456]

Thanks EPL !
yea just a textbook one, my response went like this:
-facilitates the division of powers, which types of powers and who they belong to.
-protecting rights is achieved by two mechanisms
          - High Court
          - Restrictions on Commonwealth's law making power.

Its surprising how much detail you have to put in some legal questions hahaha

Liuy, what did you write in regards to the High Court? Just interested.

[Liuy]

final arbiter of the power of the Commonwealth, giving it power to interpret the Constitution and resolve disputes relating to its wording.

[Liuy]

Hey guys, just a quick one.

"What section (or sections) of the Commonwealth Constitution is (are) relevant to the states being prevented from coining their own money? Explain.

I included both S115 and S51(xii) in my response, talking about how S51(xii) became a exclusive power by virtue of S51(xii), would this be correct?

[Zafaraaaa]

That seems correct, but would we lose marks if we just mentioned s.115? (as coining money is an exclusive power that states are restricted from anyway? and i cant be bothered memorising clauses in s.51 )

[Liuy]

I reckon mention both just to be safe

[Liuy]

OK got another one.

"Explain how the Tasmanian dam case allowed the Commonwealth to move into an area of law-making that was a residual power."

Is it just the fact that areas covered by "international treaties" was now a Commonwealth power?

Thanks in advance

[andy456]

Kind of but you need to expand it a bit. I assume you've done the case so you know the facts.
The court decided in this case that the international treaty came under the exclusive power of 'external affairs'. therefore no damn and new precedent. So now all treaties are under 'external affairs' whether they overstep residual powers or not. That is how the Commonwealth has the power to make laws in some residual areas.

[Liuy]

Thank you.

Besides the Commonwealth law prevailing and the inconsistent parts of the state legislation being invalid, are there any other impacts of S109?

[werdna]

Thank you.

Besides the Commonwealth law prevailing and the inconsistent parts of the state legislation being invalid, are there any other impacts of S109?

The states' capacity to make legislation on areas of concurrent power is downgraded in a sense because its legislation will always be subject to the supremacy of the Commonwealth, the strict requirements set out in S109 and also bound by federal legislation on the same area of law, if any.

[Liuy]

Regarding the Brislan case, the impact extended the meaning of S51(v) to include broadcasting to wireless sets, thus allowing a shift of the division of law-making powers from the states to the Commonwealth as the Commonwealth was able to move into an area of law-making that was previously a residual power because broadcasting had not been mentioned in the Constitution prior to the Case.

Are there any other impacts of the Brislan case?

[eeps]

Regarding the Brislan case, the impact extended the meaning of S51(v) to include broadcasting to wireless sets, thus allowing a shift of the division of law-making powers from the states to the Commonwealth as the Commonwealth was able to move into an area of law-making that was previously a residual power because broadcasting had not been mentioned in the Constitution prior to the Case.

Are there any other impacts of the Brislan case?

As far as I know, no. What you've said there is pretty much all you'd need.

[Liuy]

"In a speech to lawyers in early 2001, High Court Chief Justice Murray Gleeson said that "the failure of so many referendums meant there was a real risk that the public might expect the High Court instead to change the Constitution."
Analyse the effectiveness of both referendum and High Court Interpretation of the Constitution as means of changing the division of law-making powers between the Commonwealth and the State Parliaments. 8 marks.

How should I approach this longer response?