The following scenario contains errors: 'At times a state law can be in conflict with a Commonwealth law - VCE - SSCE Legal Studies - Question 8 - 2017 - Paper 1
Question 8
The following scenario contains errors: 'At times a state law can be in conflict with a Commonwealth law.
In a recent case, the Supreme Court of Victoria (Trial Divi... show full transcript
Worked Solution & Example Answer:The following scenario contains errors: 'At times a state law can be in conflict with a Commonwealth law - VCE - SSCE Legal Studies - Question 8 - 2017 - Paper 1
Step 1
The Supreme Court (Trial Division) interpreted the Commonwealth Constitution.
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Answer
Instead, the High Court is the one with the power to interpret the Constitution in this dispute.
Step 2
The court decided the matter in conciliation.
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Answer
Instead, the judge would have made a binding decision in the case, possibly mentioning judicial determination.
Step 3
The decision that a Victorian law prevails to the extent of the inconsistency.
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Answer
Instead, the Commonwealth law would prevail pursuant to section 109 of the Constitution.
