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Distinguish between exclusive and residual powers. - VCE - SSCE Legal Studies - Question 1 - 2011 - Paper 1

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Distinguish between exclusive and residual powers.

Worked Solution & Example Answer:Distinguish between exclusive and residual powers. - VCE - SSCE Legal Studies - Question 1 - 2011 - Paper 1

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Distinguish between exclusive and residual powers

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Exclusive powers are law-making powers that are held solely by the Commonwealth Parliament. These powers are defined and protected by the Constitution, and they usually include areas that affect the nation as a whole, such as immigration and defense.

In contrast, residual powers refer to the law-making powers that are retained by the states. These powers are not explicitly mentioned in the Constitution and are recognized under section 107. Residual powers often address local concerns, such as traffic laws, local government, and education, allowing states to legislate on matters that affect their specific needs and circumstances.

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