Presentation on theme: "DP 2: RESTRICTIONS IMPOSED BY THE COMMONWEALTH CONSTITUTION ON THE LAW MAKING POWERS OF THE STATE AND THE COMMONWEALTH PARLIAMENTS Unit 3 AoS 2 Revision."— Presentation transcript:
DP 2: RESTRICTIONS IMPOSED BY THE COMMONWEALTH CONSTITUTION ON THE LAW MAKING POWERS OF THE STATE AND THE COMMONWEALTH PARLIAMENTS Unit 3 AoS 2 Revision
DP 2: Restrictions on law making powers of Commonwealth and State parliaments Give a brief explanation of the contents of the following sections of the Commonwealth Constitution: S.51 S. 114 S. 115 S. 92 S.116 S. 109 How are these sections relevant to this dot point?
Question The Marital Status Act 2009 has been passed by the Victorian Parliament. How could Section 109 of the Commonwealth Constitution affect this law is it were challenged in the courts? (VCAA 2009 ) 2 marks.
Answer Section 109 of the Commonwealth Constitution states that if both the state and the commonwealth parliament make a law in a specific area (for example, marriage) and there is an inconsistency between the two pieces of law, then the Commonwealth law will prevail to the extent of the inconsistency. If the Marital Status Act 2009 contradicted a similar commonwealth act then those parts of the Marital Status Act 2009 that are inconsistent with the commonwealth law will become invalid. 3
Question Explain two ways in which the Commonwealth Constitution restricts the Commonwealth Parliament’s law making power. 2 marks (VCAA 2010)
Answers Restrictions on Commonwealth parliaments ability to make laws: Any acquisition of property by Commonwealth must be done on just terms (s. 51 xxxi) No discrimination against people based on their state of residence (s.117) The Commonwealth cannot restrict free trade between the states (s. 92) Trial by jury for indictable offences against Commonwealth law (s. 80) Cannot legislate in areas of residual powers Cannot make laws for establishing, imposing or prohibiting any religion (s.116) ‘The commonwealth shall not make any law for establishing any religion, or for imposing any religious observance or for prohibiting the free exercise of any religion…’ NOT: the Commonwealth cannot make laws about religion (this is an incorrect reading of the Constitution).
One possible answer The Commonwealth Constitution restricts the Commonwealth Parliament from legislating in areas of residual power. Residual powers are those law making powers that were left with the states at the time of federation. The constitution ensures that the States’ law-making powers are protected, and restricts the Commonwealth from acting in areas of State power.
Question High Court decisions can change the wording of the Commonwealth Constitution. Explain why this statement is incorrect.
Answer The High Court interpretation of the Constitution cannot change the wording of the Constitution, only a referendum can change the actual words in the Constitution. The High Court can, however, interpret the meaning of the words in the Constitution and by doing so expand or narrow the scope of the wording used.
Question Explain two ways that the Commonwealth Constitution restricts the ability of the states to make laws. (2 marks).
Answer States cannot legislate in areas of exclusive power, as they belong solely to the Commonwealth. For example: A state shall not raise or maintain any naval or military forces (s. 114) A state shall not coin money (s. 115) Trade between the states shall be free – no state can charge trade duties to another state (s. 92) In areas of concurrent power (…….) any state law that is inconsistent with the Commonwealth law shall be declared invalid, to the extent of the inconsistency (s. 109).
Question Explain why some laws are the same throughout Australia, while other laws vary from state to state. (8 marks).
Can you… Explain (with examples) the restrictions imposed by the Commonwealth Constitution on the law-making power of the Commonwealth Parliament? Explain the restrictions imposed by the Commonwealth Constitution on the law-making power of the state parliaments?