the people and parliament

Question 1

What are specific powers?

Answer 1

Specific powers are law making powers expressly given to Commonwealth Parliament by the constitution

Question 2

What are exclusive powers and give examples?

Answer 2

Exclusive powers are law-making powers that can only be exercised by CP
For example:
- s.52. The power to make laws about commonwealth public services.
- ss111, 122 - territories: The parliament of a state may surrender any part of the State to the commonwealth; and upon such surrender, and the acceptance thereof by the Commonwealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth

Question 3

What are the three types of exclusive powers?`

Answer 3

• LMPs that the constitution states are exclusive to CP: s.52: power to make law about cth public services, ss.111,122: territories
• LMPS that, by their nature are exclusive to CP: s.51 (iv) - borrowing,
• LMPs that constitution prohibits SPs from exercising: ss.51 (iii) and 90 - subsidies

Question 4

What are residual powers?

Answer 4

LMPs that the constitution does not give to CPS (retained by SPs)
For example, laws about education, roads, transport