Legislation 4.1

Question 1

1. Explain the Doctrine of the Division of Powers, including the Inconsistency Rule.

Answer 1

• The Doctrine of the Division of Powers, explains the law making powers split between the Federal and State parliament, outlined in the Constitution.

• Section 109 or the inconsistency rule of the constitution states that where laws of the federal and state level clash, federal law will prevail

Question 2

2. Provide an example of the Inconsistency Rule working in practice.

Answer 2

For example, the Marriage Act 1961 (Cwlth), it meant there were inconsistencies between State and Commonwealth law. The application of s109 of the Constitution, rendered the State law invalid.

Question 3

3. What is the one exception to Parliament prevailing over the other 2 arms.

Answer 3

• Parliament made laws prevails over judge and delegated legislation when there is conflict. (As they the primary source of law)

• The only exception to this rule is that parliament cannot overrule a high court interpretation of the constitution

Question 4

7. What is a bill?

Answer 4

• A bill is a proposed new act of parliament/law/legislation
• Different bills are organised based on their content or the person who introduced them

Question 5

8. Distinguish between Public Bills and Private Members Bills.

Answer 5

• A bill introduced by a minister in government is known as a public bill.
• A bill introduced by anyone else (or a minister not acting in their role as minister) Is called a private bil

Question 6

14. How is a disagreement resolved?

Answer 6

• A disagreement can be resolved through:
• Compromise
• Abandonment
• A deadlock can be resolved through a double dissolution mechanism