Photo AI
a. Using one example, define the term 'concurrent powers' - VCE - SSCE Legal Studies - Question 4 - 2012 - Paper 1
Question 4
a. Using one example, define the term 'concurrent powers'. b. 'Section 109 of the Commonwealth Constitution acts as a restriction on the state parliaments.' To ... show full transcript
Worked Solution & Example Answer:a. Using one example, define the term 'concurrent powers' - VCE - SSCE Legal Studies - Question 4 - 2012 - Paper 1
Step 1
Using one example, define the term 'concurrent powers'.
Answer
Concurrent powers refer to the authorities or responsibilities shared by both the federal and state governments. An example of concurrent powers is the ability to levy taxes. Both the federal government and state governments can impose taxes on individuals and businesses, which showcases how these powers can operate simultaneously.
Step 2
'Section 109 of the Commonwealth Constitution acts as a restriction on the state parliaments.' To what extent do you agree with this statement? Discuss.
Answer
I agree that Section 109 of the Commonwealth Constitution serves as a restriction on state parliaments, as it states that if there is a conflict between federal and state law, the federal law prevails. This means that should a state enact a law that contradicts a federal law, that specific state law becomes invalid to the extent of the inconsistency.
This restriction can limit the legislative power of states, as they may refrain from legislating in areas already governed by Commonwealth laws due to the risk that their laws could be deemed invalid. For example, if a state passes a law about taxation that conflicts with federal taxation laws, that part of the state law would not be enforceable. Thus, Section 109 not only restricts state law-making in specific scenarios but also encourages a cautious approach from state parliaments when considering new legislation in areas shared with federal jurisdiction.