Legislative Power

Question 1

What is Parliament’s power?

Answer 1

Parliament has power to make laws for the ‘peace, welfare and good government’ of the state

Question 2

What is Plenary Power?

Answer 2

• States can legislate on anything apart from laws in which the commonwealth have exclusive power

Question 3

Which states have a upper/Senate house?

Answer 3

• Every except QLD

Question 4

Which 2 states call the LH ‘House of Assembly?’

Answer 4

• SA and TAS

Question 5

How are members of LH and UH elected for VIC?

Answer 5

• LH = elected from single-member electorates
• UH = elected by proportional representation

Question 6

What are some key features of State legislature?

Answer 6

• State law does NOT need to be checked by ‘heads of power’ like Commonwealth Law as long as it is for the ‘peace, order and good government’

Question 7

Limitations of State Constitutional Powers

Answer 7

• s106/107 = Constitution of each State shall continue at the establishment of the Commonwealth

Question 8

Why is Union Steamship case significant?

Answer 8

• Case demonstrates that while Parliament has broad legislative powers –> these powers are subject to constitutional limits and judicial review –> ensures that constitutional rights are NOT breach

Question 9

Why is Taylor v Attorney-General significant

Answer 9

Case illustrates the application of plenary legislative power by affirming that state legislatures have broad authority to enact laws –> highlights that such powers must align w constitutional boundaries but are generally valid UNLESS they breach constitutional constraints

Question 10

Why is McCawley v R significant?

Answer 10

• Case established that the doctrine of implied repeal or amendment applies to Constitution Acts just as it does to the most trivial of acts, despite the federal constitution usually having a more difficult process in modifying the federal constitution

Question 11

What is the significance of Durham Holdings?

Answer 11

• Case illustrates that compensation was found NOT to be a fundamental common law right –> therefore did NOT need to decide whether fundamental common law rights is a limitation to state legislative power in this case

Question 12

What does ‘Heads of Power’ mean?

Answer 12

Specific areas in the AUS Constitution in which the Commonwealth have legislative authority

Question 13

Why are Heads of Power always contentious?

Answer 13

Ensures that Commonwealth is acting within the scope of its power