Legal - Constitution Flashcards
Section 117
Protection against discrimination on the basis of residence
Restrictions on Commonwealth Power
Section 7
Directs that the senators for each state (upper house) shall be directly chosen by the people
Structural Protections
Section 114
A state shall not raise an army or navy
Restrictions on States
Trial by jury
Section 80
Restrictions on Commonwealth Power
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid
Section 109
Concurrent Powers
Requires the House to be composed of twice as many members as the Senate, each elected by a single electorate.
Section 24
Representative Government
Section 115
A state shall not coin money
Restrictions on States
A state shall not raise an army or navy
Section 114
Restrictions on States
Section 5
Sessions of Parliament. Prorogation and dissolution
Representative Government
Section 51 (xxxvii)
Commonwealth is able to legislate on matters that have been referred to them by any state.
Capacity of states to refer
Section 116
Freedom of religion
Restrictions on Commonwealth Power
Section 24
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid
Concurrent powers can also act as a limitation on the law making powers of the state.
Concurrent Powers
Restrictions on States
A state shall not coin money
Section 115
Restrictions on States
All Australian states to be treated equally
Section 99
Restrictions on Commonwealth Power
Directs that members of the House of Representatives (lower house) shall be directly chosen by the people
Section 24
Structural Protections