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Discuss the extent to which the High Court has had an impact on the division of law-making powers - VCE - SSCE Legal Studies - Question 8 - 2023 - Paper 1
Question 8
Discuss the extent to which the High Court has had an impact on the division of law-making powers. In your response, explain the ways in which these powers are distr... show full transcript
Worked Solution & Example Answer:Discuss the extent to which the High Court has had an impact on the division of law-making powers - VCE - SSCE Legal Studies - Question 8 - 2023 - Paper 1
Step 1
Discuss the extent to which the High Court has impacted the division of law-making powers
Answer
The High Court of Australia has significantly influenced the division of law-making powers between the states and the Commonwealth since its establishment. Its interpretations of the Constitution have altered the balance of power, often increasing the Commonwealth's authority at the expense of state powers. This impact can be seen in various landmark cases, such as the Tasmanian Dam case and the Brislan case, where the High Court's decisions expanded the interpretation of concurrent powers, thus solidifying the Commonwealth's legislative capacity.
The role of the High Court is not just theoretical; it actively resolves disputes over law-making powers and functions as a critical check against overreach by either level of government. Consequently, the Court's rulings have reshaped the federated system, emphasizing a more centralized governance model in certain jurisdictional areas.
Step 2
Explain the ways in which these powers are distributed between the state and Commonwealth parliaments
Answer
The distribution of law-making powers under the Australian Constitution is categorized into three classifications: residual, exclusive, and concurrent powers.
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Exclusive Powers: These powers are expressly granted to the Commonwealth, meaning that only the federal parliament can legislate on these matters. An example includes defense and immigration. States cannot make laws in these areas.
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Concurrent Powers: These are powers that both the Commonwealth and state parliaments can exercise. However, in the case of conflict, the Commonwealth law prevails, as established in Section 109 of the Constitution. Areas such as taxation and marriage fall under this category.
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Residual Powers: These remain with the states, as they are not expressly mentioned in the Constitution. Examples include education and health services, allowing states to legislate in these domains unless the Commonwealth chooses to intervene.
In summary, while the Commonwealth has exclusive powers, both levels of government can exercise concurrent powers, but residual powers remain primarily under state control. The High Court's interpretations and rulings on these classifications have had profound implications on how powers are active and enforced within Australia's federal structure.