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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'. Concurrent powers are those powers that are shared by both the federal and state governments. An example ... 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 are those powers that are shared by both the federal and state governments. An example of concurrent powers is the power to tax. Both levels of government can impose taxes at the same time, and this capability allows for a system of dual taxation, enhancing the governmental resources available for public services.
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
Section 109 of the Commonwealth Constitution serves as a crucial limitation on the legislative powers of state parliaments. It states that if a law made by a state parliament is inconsistent with a law made by the Commonwealth, the Commonwealth law will prevail, and the state law will be invalid to the extent of the inconsistency. This means that state parliaments must carefully navigate their law-making powers to avoid conflicts with federal legislation.
For instance, should a state enact a law that contradicts a federal law, not only can the federal law render the state law ineffective, but the state may also shy away from enacting laws in areas where federal laws exist for fear of invalidation. Thus, Section 109 restricts state parliaments by necessitating compliance with Commonwealth laws and establishing a hierarchy in legislative authority.