Explain one way in which a residual power may become a concurrent power. - VCE - SSCE Legal Studies - Question 2 - 2017 - Paper 1

The High Court can interpret the Constitution in a manner that effectively reclassifies a previously residual power as a concurrent power. This occurs when the High Court accepts that a federal law has jurisdiction over a matter that was originally deemed to be under state control. For example, in the Tasmanian Dam case, the High Court held that the Commonwealth could legislate regarding environmental issues, thus creating a concurrent power shared between the states and the Commonwealth. This interpretation alters the understanding of powers as outlined in the Constitution, shifting certain responsibilities from the states to the Commonwealth.