Division of law-making powers Flashcards
What are law-making powers?
Law-making powers are powers given to parliament to make laws in certain areas. Those powers are exercisable by parliament, which is the supreme law-making body in Australia.
What is the division of law-making powers?
The splitting up of law-making responsibility between the Commonwealth and State Parliaments.
What are the law-making powers divided into?
- Residual powers
- Exclusive powers
- Concurrent powers
What are residual powers
the powers that are left with the states (not given to the Commonwealth parliament under the Constitution).
Where are residual powers listed?
Not in the Constitution-
Examples of residual power
criminal law, medical procedures, road laws, education and public transport.
What are exclusive powers?
a power that can only be exercised by the Commonwealth Parliament.
Where are exclusive powers mentioned
in the Constitution (in section 51 and 52).
Some powers that are held by the Commonwealth are made exclusive by other sections of the Constitution (for example, section 114 in relation to naval forces).
Other powers are exclusive by their nature (such as naturalisation)
Examples of exclusive power
defence, currency, customs and border protection
What are concurrent powers?
Powers that both the Commonwealth and the state parliaments share.
Where are concurrent powers listed?
in the Constitution (section 51).
What are examples of concurrent powers?
trade, taxation, marriage and divorce, postal, telegraphic, telephonic and similar services.
