Notes Legal

AOS 2 UNIT 3

Specific or Enumerated Powers

Specific powers argon powers which argon listed in the Constitution as powers of the terra firma; in voice 51. It do-nothing be classified as any undivided or concurrent powers.

Exclusive Powers

Exclusive powers are powers which are given to the people. Only the Commonwealth can come across laws in these areas. Examples embarrass: defence (s. 114), coining money (s. 115) and usance and instances (s. 86).

synchronic Powers

Concurrent powers are powers which not specifically listed as exclusive powers. Federal and State parliaments can make laws in these areas. Examples include: taxation, marriage and divorce.

Residual Powers

Residual powers are powers which are not listed in the Constitution and therefore become powers of the postulates. Only states can make laws in these areas. Examples of residual powers include: education, public rapture and crime.





Restrictions on the Commonwealth Parliament:

Cannot restrict free exercise of religion - Section 116

Cannot restrict free trade among states - Section 92

Cannot give preference to a state - Section 99

Restrictions on State Parliaments:

Cannot raise an army or dark blue - Section 114

Cannot coin money - Section 115

Cannot impose customs and exercise - Section 90

Section 109

Under Section 109 of the Commonwealth Constitution, if there is an inconsistency between the state law and the Commonwealth law, the Commonwealth law will always override the state law.

Referendum Process

Section 128 sets out a process for changing or amendment the Constitution. Under Section 128, the initiation of a referendum can tho come from the Commonwealth Parliament. A proposed change must be introduced to either the House of Representatives or the Senate as a bill. It must be approved by parliament before the plan can be put to the public. The proposal must be passed by both houses. Special provisions...If you want to get a full essay, order it on our website: Ordercustompaper.com



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