Constitutional Law

Question 1

What is the division of powers?

Answer 1

Dividing power between states and commonwealth parliament so that one level doesn’t have all the power.

Question 2

What are exclusive powers?

Answer 2

Commonwealth parliaments powers, including:
Trade
Foreign Relations
Defence of Australia

Question 3

What are the residual powers?

Answer 3

The state powers, including:
Health
Transport
Education
Law & Order
Results in diversity amongst state laws

Question 4

What are concurrent powers?

Answer 4

Shared power between the commonwealth and the states.
Includes:
Healthcare, such as hospitals and ambulances whereas the commonwealth is responsible for health care funding.
If issues arise, commonwealth holds supremacy.

Question 5

What is the separation of powers?

Answer 5

The constitution, ensuring that no one body can dominate the law making system.
Authority distributed evenly
Outlines parliamentary powers and the authority of federal executive councils and courts or judicatures.

Question 6

What is constitutional law?

Answer 6

Document outlining the rules that a nations governing body must adhere to. Bound by law.