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Question 3
Explain one way in which the Commonwealth Constitution restricts the Commonwealth Parliament’s law-making powers.
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Answer
One significant way the Commonwealth Constitution restricts the Commonwealth Parliament's law-making powers is through Section 116, which deals with freedom of religion.
This section states that the Commonwealth cannot make laws for establishing any religion, nor can it impose any religious observance. Additionally, it prohibits laws that interfere with the free exercise of any religion. This provision serves as a crucial safeguard against the federal government exerting control over religious practices, ensuring that citizens have the freedom to practice their religion without governmental interference.
Therefore, Parliament is limited in its ability to legislate on matters related to religion, which is particularly important in a diverse society where multiple faiths coexist. This restriction embodies the democratic principle of freedom of religion, highlighting an essential check on the Parliament’s law-making authority.
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