Australian Constitution Flashcards
1
Q
Purpose of the Australian Constitution
A
- Provides all levels of government their powers of existence + their authority and jurisdiction to make laws
- Specifies powers, responsibilities, and roles of the governing bodies within a state or a country.
2
Q
Division of Powers
A
Exclusive Powers
Concurrent Powers
Residual Powers
3
Q
Exclusive Powers
A
- Held by federal
- Areas in law which federal parliament has power; e.g. defence, foreign affairs, currency
4
Q
Residual Powers
A
- Held by state
- Areas in law which state parliament has power; roads, public transport, community services
- If it is not listed in section 51 and 52, it is state responsibility
5
Q
Concurrent Powers
A
- Held by both federal and state
- Areas in law which federal and state parliaments have power; e.g. taxation, education
- When state and federal conflict, federal trumps state
6
Q
Difference between the Division of Powers and Separation of Powers
A
The division of powers outlines the roles and duties of respective governments while the separation of powers distributes the power of making, implementing, and interpreting the law.
7
Q
Levels of government
A
Federal (parliament), state/territory (parliament), local (councils)