Explain one way in which the Commonwealth Constitution restricts the Commonwealth Parliament’s law-making powers. - VCE - SSCE Legal Studies - Question 3 - 2010 - Paper 1

One significant way in which the Commonwealth Constitution restricts the law-making powers of the Commonwealth Parliament is outlined in Section 116, which addresses the freedom of religion. This section states that the Commonwealth cannot make laws that establish a religion or prohibit the free exercise of any religion.

This restriction ensures that citizens have the right to practice their religion freely without interference from the Commonwealth government. It serves to maintain a separation between religion and state, preventing any form of religious discrimination or enforcement of a state religion, thereby protecting the diverse beliefs within Australia.

In essence, Section 116 acts as a safeguard for individual freedoms in relation to religion, limiting the Parliament’s ability to enact laws that could infringe upon these fundamental rights.