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The Martial Status Act 2009 has just been passed by the Victorian Parliament - VCE - SSCE Legal Studies - Question 3 - 2009 - Paper 1
Question 3
The Martial Status Act 2009 has just been passed by the Victorian Parliament. a. Other than making laws, outline one other role of the lower house of the Victorian ... show full transcript
Worked Solution & Example Answer:The Martial Status Act 2009 has just been passed by the Victorian Parliament - VCE - SSCE Legal Studies - Question 3 - 2009 - Paper 1
Step 1
Other than making laws, outline one other role of the lower house of the Victorian Parliament.
Answer
One significant role of the lower house of the Victorian Parliament, apart from making laws, is to represent voters. The members of the lower house are elected to reflect the interests and concerns of their constituents, thereby ensuring that the views of the public are represented in the legislative process.
Step 2
If the constitutional validity of the Martial Status Act 2009 was challenged, identify the court that would hear this matter. Outline one aspect of its appellate jurisdiction.
Answer
If the constitutional validity of the Martial Status Act 2009 was challenged, the High Court would hear this matter. One aspect of its appellate jurisdiction is that the High Court can hear appeals from the Full Court of the Federal Court, making it a pivotal court for constitutional matters.
Step 3
How could Section 109 of the Commonwealth Constitution affect this law if it were challenged in the courts?
Answer
Section 109 of the Commonwealth Constitution provides that if there is a conflict between a state law and a federal law, the federal law prevails and the state law becomes invalid. If the Martial Status Act 2009 were challenged in the courts and found to be inconsistent with federal law, Section 109 would render the state law inoperative, thereby affecting its implementation and enforcement.