The constitution
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The CONSTITUTION. Chapter 4 Year 12 Legal Studies. Federation. Single entities coming together to form one single entity 1800’s British colonies Each colony makes laws on its own behalf 1870’s and 1880’s fear of invasion 1891 conventions Framing of the federal constitution

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The CONSTITUTION

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The constitution

The CONSTITUTION

Chapter 4

Year 12 Legal Studies


Federation

Federation

  • Single entities coming together to form one single entity

  • 1800’s British colonies

  • Each colony makes laws on its own behalf

  • 1870’s and 1880’s fear of invasion

  • 1891 conventions

  • Framing of the federal constitution

  • States reluctant to give up all their powers

  • Powers given for nation – defence and coining money


Commonwealth of australia constitution act 1900 uk

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT 1900 (UK)

  • Colonies become states

  • States have their own parliaments

  • The Commonwealth Parliament established

  • Came into force 1 January 1901


Definition

DEFINITION

  • An British Act of parliament that provides a framework within the Commonwealth Parliament and the High Court was established.

  • Sets out the power of the Commonwealth Parliament

  • It tells the states and the Commonwealth what they can do and cannot do with respect to law making


The constitution

  • Outlines the structure of the Commonwealth Parliament

  • The composition of both the House of Representatives and the Senate

  • It list the legislative powers of the Commonwealth Parliament

  • The power of the High Court to interpret the constitution.


Division of power

DIVISION OF POWER

  • Specific powers

    Exclusive – Areas only Clth can Legislate

    Concurrent - Both Clth and State can legislate

  • Residual Powers – Left out of the consitution at the time of federation. Left with the states


How are states powers protected

How are states powers protected

  • Residual powers – e.g. law enforcement. Environment, public transport, education, health

  • S106

  • S107

  • S108

  • S121

    (see page 111)


Specific powers

Specific powers

  • Section 51 (39 heads of power plus 1)

    (see page 111)

  • Exclusive powers (made exclusive by other sections)

    S 51 (xii) currency, coining and legal tender s115

    S51 (iii) customs and excise s90

    S51 (vi) naval and militarys114

  • Some powers made exclusive by their nature (page1 14)


Concurrent power

Concurrent power

  • Examples – Taxation, marriage

  • Section 109

    ‘if there is a conflict between state and commonwealth legislation an area of concurrent law making power, the commonwealth law will prevail to the extent of the inconsistency between the two pieces of legislation and the inconsistent state law will be invalid.’


Case studies

Case Studies

  • John McBain v The State of Victoria & Ors (2000)

  • Ansett Transport Industries (Operations) Pty Ltd v Wardley


Restrictions on state power

Restrictions on state power

  • Page 118

  • S114

  • S115

  • S90

  • S92

  • 109


Restrictions on commonwealth palriament

Restrictions on Commonwealth Palriament

  • S106, 108

  • Residual powers

  • S116

  • S117

  • S99

  • S92

  • S51(xxxi)

  • S51 (ii)

  • s128


Changing the constitution

Changing the Constitution

  • REFERENDUM

  • Section 128

  • Double Majority – pass both houses

  • Majority of voters

  • Majority of states


Holiday homework

Holiday Homework

  • Summarise Pages 109 to 137

  • Complete Questions 1 to 17


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