Define the following division of powers as made by the Commonwealth Constitution - VCE - SSCE Legal Studies - Question 2 - 2003 - Paper 1
Question 2
Define the following division of powers as made by the Commonwealth Constitution.
specific powers
exclusive powers
concurrent powers
residual powers
Worked Solution & Example Answer:Define the following division of powers as made by the Commonwealth Constitution - VCE - SSCE Legal Studies - Question 2 - 2003 - Paper 1
Step 1
specific powers
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Specific powers refer to the law-making powers of the Commonwealth Parliament that are expressly enumerated in the Constitution. These powers are detailed and can be found in sections such as 51 of the Constitution, which outlines specific areas where the Commonwealth has authority.
Step 2
exclusive powers
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Exclusive powers are those law-making powers that only the Commonwealth Parliament possesses. These powers cannot be exercised by the states, thereby ensuring that certain matters, particularly those of national significance, are managed only at the federal level.
Step 3
concurrent powers
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Concurrent powers are law-making powers that are shared by both the Commonwealth and state parliaments. In instances of conflict between state and federal law, the Commonwealth law prevails, as governed by section 109 of the Constitution.
Step 4
residual powers
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Residual powers are those powers that are not enumerated in the Constitution. They remain with the states, giving them authority to legislate on matters not specifically mentioned, which typically includes areas like education and transport.
