Notes Legal

AOS 2 UNIT 3 particular or Enumerated Powers Specific powers argon powers which argon listed in the Constitution as powers of the terra firma; in voice 51. It do-nothing be classified as all undivided or concurrent powers. Exclusive Powers Exclusive powers atomic number 18 powers which argon given to the people. plainly the ground can observe across laws in these areas. Examples embarrass: defence (s. 114), coining property (s. 115) and usance and instances (s. 86). synchronic Powers Concurrent powers are powers which not specifically listed as exclusive powers. Federal and State parliaments can make laws in these areas. Examples include: taxation, marriage and divorce. Residual Powers Residual powers are powers which are not listed in the Constitution and at that placefore become powers of the postulates. Only sound outs can make laws in these areas. Examples of residual powers include: education, worldly concern rapture and crime.

Restrictions on the Commonwealth Parliament: Cannot restrict salvage exercise of religion - department 116 Cannot restrict free get by among states - Section 92 Cannot give preference to a state - Section 99 Restrictions on State Parliaments: Cannot raise an forces or dark blue - Section 114 Cannot coin money - Section 115 Cannot impose customs and exercise - Section 90 Section 109 Under Section 109 of the Commonwealth Constitution, if there is an inconsistency between the state law and the Commonwealth law, the Commonwealth law will always override the state law. R! eferendum form Section 128 sets out a process for changing or amendment the Constitution. Under Section 128, the initiation of a referendum can merely come from the Commonwealth Parliament. A proposed change must be introduced to either the House of Representatives or the Senate as a bill. It must be approved by parliament before the intention can be put to the public. The proposal must be passed by both houses. Special provisions...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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