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Explain why each of the state parliaments in Australia is able to make different laws about the same area of law. - VCE - SSCE Legal Studies - Question 3 - 2015 - Paper 1
Question 3
Explain why each of the state parliaments in Australia is able to make different laws about the same area of law.
Worked Solution & Example Answer:Explain why each of the state parliaments in Australia is able to make different laws about the same area of law. - VCE - SSCE Legal Studies - Question 3 - 2015 - Paper 1
Step 1
Explain why each of the state parliaments in Australia is able to make different laws about the same area of law.
Answer
The ability of each state parliament in Australia to make different laws about the same area of law primarily stems from the distribution of powers outlined in the Australian Constitution.
Residual Powers
The Constitution delineates specific powers assigned to the federal government, while the powers not expressly given to the Commonwealth are considered residual powers and are retained by the states. Thus, state parliaments have the authority to legislate on various matters not covered by federal law, enabling them to enact differing laws in areas such as education, transport, and health.
Concurrent Powers
Additionally, there are areas known as concurrent powers where both state and federal governments can legislate. In cases of conflict, federal law prevails; however, states can maintain their laws as long as they do not contradict federal regulations. This coexistence allows states to tailor their laws more closely to the needs of their populations, leading to variations across states regarding the same subject.
Conclusion
Through the exercise of residual and concurrent powers, state parliaments are empowered to create and modify laws, resulting in the diverse legal landscape seen in Australia today.