THE CONSTITUTIONChapter 4

Year 12 Legal Studies

Federation Single entities coming together to form one

single entity 1800’s British colonies Each colony makes laws on its own behalf 1870’s and 1880’s fear of invasion 1891 conventions Framing of the federal constitution States reluctant to give up all their powers Powers given for nation – defence and

coining money

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT 1900 (UK)

Colonies become states States have their own parliaments The Commonwealth Parliament

established Came into force 1 January 1901

DEFINITION An British Act of parliament that provides

a framework within the Commonwealth Parliament and the High Court was established.

Sets out the power of the Commonwealth Parliament

It tells the states and the Commonwealth what they can do and cannot do with respect to law making

Outlines the structure of the Commonwealth Parliament

The composition of both the House of Representatives and the Senate

It list the legislative powers of the Commonwealth Parliament

The power of the High Court to interpret the constitution.

DIVISION OF POWER Specific powers

Exclusive – Areas only Clth can LegislateConcurrent - Both Clth and State can legislate

Residual Powers – Left out of the consitution at the time of federation. Left with the states

How are states powers protected

Residual powers – e.g. law enforcement. Environment, public transport, education, health

S106 S107 S108 S121

(see page 111)

Specific powers Section 51 (39 heads of power plus 1)

(see page 111) Exclusive powers (made exclusive by other

sections)S 51 (xii) currency, coining and legal tender s115S51 (iii) customs and excise s90S51 (vi) naval and militarys114 Some powers made exclusive by their nature

(page1 14)

Concurrent power Examples – Taxation, marriage

Section 109‘if there is a conflict between state and

commonwealth legislation an area of concurrent law making power, the commonwealth law will prevail to the extent of the inconsistency between the two pieces of legislation and the inconsistent state law will be invalid.’

Case Studies John McBain v The State of Victoria & Ors

(2000)

Ansett Transport Industries (Operations) Pty Ltd v Wardley

Restrictions on state power

Page 118 S114 S115 S90 S92 109

Restrictions on Commonwealth Palriament

S106, 108 Residual powers S116 S117 S99 S92 S51(xxxi) S51 (ii) s128

Changing the Constitution REFERENDUM Section 128

1. Double Majority – pass both houses2. Majority of voters3. Majority of states

Holiday Homework Summarise Pages 109 to 137 Complete Questions 1 to 17