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Constitution: Law making powers and human rights

Constitution: Law making powers and human rights. Chapter 5 Tuesday 28 February 2012 . 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

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Constitution: Law making powers and human rights

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  1. Constitution: Law making powers and human rights Chapter 5 Tuesday 28 February 2012

  2. 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

  3. 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

  4. 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

  5. How does this relate to what we have already studied? • HINT: Responsible Government The importance of the Constitution in protecting democratic and human rights

  6. ‘The Castle’ http://www.youtube.com/watch?v=ITUSZ6LRHrk Must see film about the Constitution!

  7. 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

  8. The 4 main types of POWERS

  9. 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

  10. Law making powers that may be exercised by both the Commonwealth and the State parliaments Concurrent powers

  11. Powers that belong to only the Commonwealth Parliament • S 52 of the Constitution Exclusive powers

  12. Any other powers that were not given to the Commonwealth remain with the state parliaments • S 106 and S 107 Residual powers

  13. Make your prediction What happens when there is a conflict between a Commonwealth law and a state law?

  14. WHO’S THE BOSS?! The COMMONWEALTH PARLIAMENT

  15. S 109 tells us that the Commonwealth law will prevail

  16. 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

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