Federalism (EXAM)

Question 1

What are two challenges to federation?

Answer 1

The party system of government
and
Fiscal imbalance between the states and the commonwealth

Question 2

Where in the constitution does the commonwealth gain its powers?

Answer 2

S51, 52 and 120

Question 3

What is the process for an in inconsistency between state and federal laws?

Answer 3

s109, to the extent of the inconsistency the Commonwealth law shall prevail.

Question 4

What case ended the right to the use of reserve powers for states?

Answer 4

The Engineers Case; Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129

Question 5

Why did the engineer’s case end reserve powers?

Answer 5

The preference for following reserve powers was overturned due to the natural interpretation of the words of the constitution with a definition for the states preserved last. This was noted especially in the Commonwealth Conciliation and Arbitration power under s51 (xxxv)

Question 6

How was the constitution interpreted in the Engineers case?

Answer 6

Using the literal method

Question 7

What precedent did the engineers case set in play?

Answer 7

The tendency towards interpreting the constitution in favour of the Commonwealth

Question 8

What cases were essential in the balance shift in the HCA between the states and the Commonwealth?

Answer 8

The Engineers Case and The Tasmanian Dams Case

Question 9

What constitutional commonwealth power was queried by the HCA in the Tasmanian Dams Case?

Answer 9

The External Powers Section; S51(xxix)

Question 10

What allowed the judges in the tasmanian dams case to reach their decision?

Answer 10

The prior decision in the engineers case allowed the judges to move towards a more commonwealth centric balance in terms of state and commonwealth relations

Question 11

What implications did the tasmanian dams case set for the future regarding interpretation?

Answer 11

It empowered the use of a literal interpretation as well as a favouritism towards the commonwealth in judgments regarding the balance of state and federal powers

Question 12

What year was the work choices case heard in?

Answer 12

2001

Question 13

What precedent did the work choices case use and continue?

Answer 13

It used the precedent in the Tasmanian Dams case for the upholding of commonwealth powers of the powers of the states express and reserve.

Question 14

What power was relied upon for the Work Choices case by the commonwealth?

Answer 14

The corporations power under s51(xx)

Question 15

What was the result of the Work Choices Case?

Answer 15

That the legislation was compliant with the corporations power under s51(xx)