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8 Cards in this Set
- Front
- Back
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What are exclusive powers?
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Exclusive powers are law making powers of the Commonwealth alone.
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What are specific powers?
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Specific powers are law making powers of the Commonwealth.
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What are concurrent powers?
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Concurrent powers are law making powers shared between the Commonwealth and the states.
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What are residual powers?
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Residual powers are the law making powers left to the states.
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Explain exclusive powers.
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Exclusive powers are powers of the Commonwealth alone. S51 of the Constitution outlines the areas in which the Commonwealth have specific power; S115 then denies this power to the states.
For example, S51 give the Commonwealth power over customs and excise. S90 then says that the states shall not have power over customs and excise duties. |
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Explain specific powers.
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Specific powers are law making powers of the Commonwealth listed in the Constitution; these are located in S51 and 52. These include the power to make laws about immigration.
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Explain concurrent powers.
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Concurrent powers are law making powers shared between the Commonwealth and the states. For example, marriage. However, S109 states that if at any time Commonwealth and state laws conflict or are inconsistent, Commonwealth law will override the state law to the extent of the inconsistency.
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Explain residual powers.
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All powers that are not listed in the Constitution are residual and left to the states. Residual powers are not listed in the Constitution and unlike exclusive powers rest solely with the states. For example, criminal law and public transport.
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