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Question 6 (5 marks) a - VCE - SSCE Legal Studies - Question 6 - 2014 - Paper 1
Question 6
Question 6 (5 marks) a. Outline how referral of powers by the states to the Commonwealth Parliament can change the division of law-making powers. b. ‘A majority of... show full transcript
Worked Solution & Example Answer:Question 6 (5 marks) a - VCE - SSCE Legal Studies - Question 6 - 2014 - Paper 1
Step 1
Outline how referral of powers by the states to the Commonwealth Parliament can change the division of law-making powers.
Answer
The referral of powers from the states to the Commonwealth Parliament effectively allows the Commonwealth to assume certain legislative responsibilities that were initially reserved for the states. This process means that the states no longer have the authority to legislate on those matters, which leads to a centralization of power within the Commonwealth. Consequently, this may alter the balance of power in governance, often resulting in the Commonwealth having greater jurisdiction over significant issues previously managed by states.
Step 2
Explain why the proposed law would be unsuccessful.
Answer
For a proposed law to alter the Commonwealth Constitution to be successful, it must receive both a majority of votes in a majority of states and a national majority of all voters. In this case, despite the majority of voters in two states supporting the law, it falls short of the necessary state support required for constitutional change. Additionally, if the overall national majority is not met, the law cannot be enacted. Therefore, the lack of majority support in most states makes the proposed constitutional alteration unviable.