Chapter 5 Tuesday 28 February 2012. The role of the Commonwealth Constitution in establishing and...
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Transcript of Chapter 5 Tuesday 28 February 2012. The role of the Commonwealth Constitution in establishing and...
![Page 1: Chapter 5 Tuesday 28 February 2012. The role of the Commonwealth Constitution in establishing and restricting the law-making powers of parliament](https://reader036.fdocuments.us/reader036/viewer/2022062504/5a4d1b227f8b9ab059995a7d/html5/thumbnails/1.jpg)
Chapter 5Tuesday 28 February
2012
Constitution: Law making powers
and human rights
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The role of the Commonwealth Constitution in establishing and restricting the law-making powers of parliament
The distribution of law-making powers between state and Commonwealth parliaments
The importance of the Constitution in protecting democratic and human rights
Key Knowledge for this Chapter
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How does this relate to what we have already studied?
HINT: Separation of powers
The role of the Commonwealth
Constitution in establishing and
restricting the law-making
powers of parliament
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How does this relate to what we have already studied?
HINT: Federalism/federal system of government
The distribution of law-making
powers between state and
Commonwealth parliaments
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How does this relate to what we have already studied?
HINT: Responsible Government
The importance of the
Constitution in protecting
democratic and human rights
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‘The Castle’
http://www.youtube.com/watch?v=ITUSZ6LRHrk
Must see film about the
Constitution!
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The Commonwealth Parliament and the state Parliaments share the responsibility of law-making
The Constitution tells us the areas in which the Commonwealth Parliament can make laws and the areas in which the state parliaments may make laws
The Constitution: Australia’s most important legal
document
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The 4 main types of POWERS
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The powers of the Commonwealth Parliament that are explicitly stated in the constitution
Set out in S 51 and 52 of the Constitution
Enumerated (or specific) powers
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Law making powers that may be exercised by both the Commonwealth and the State parliaments
Concurrent powers
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Powers that belong to only the Commonwealth Parliament
S 52 of the ConstitutionExclusive powers
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Any other powers that were not given to the Commonwealth remain with the state parliaments
S 106 and S 107
Residual powers
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Make your prediction
What happens when there is a
conflict between a Commonwealth
law and a state law?
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WHO’S THE BOSS?!
The COMMONWEALTH
PARLIAMENT
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S 109 tells us that the
Commonwealth law will prevail
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The Constitution limits the power of the Commonwealth and the State Parliaments by imposing restrictions
S 80 S 92 S 99 S 116 S 117
Specific restrictions