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a. Describe one restriction that is imposed by the Commonwealth Constitution on the law-making powers of the state parliaments - VCE - SSCE Legal Studies - Question 3 - 2013 - Paper 1
Question 3
a. Describe one restriction that is imposed by the Commonwealth Constitution on the law-making powers of the state parliaments. b. Identify the two types of law-mak... show full transcript
Worked Solution & Example Answer:a. Describe one restriction that is imposed by the Commonwealth Constitution on the law-making powers of the state parliaments - VCE - SSCE Legal Studies - Question 3 - 2013 - Paper 1
Step 1
Describe one restriction that is imposed by the Commonwealth Constitution on the law-making powers of the state parliaments.
Answer
One significant restriction imposed by the Commonwealth Constitution on the law-making powers of state parliaments is outlined in Section 109, which deals with areas of concurrent power. This section states that when a state law is inconsistent with a federal law, the federal law prevails, and the state law is rendered invalid. For example, if both state and federal governments enact laws regarding taxation and they conflict, the federal law will take precedence, thus limiting the state's ability to legislate in that area.
Step 2
Identify the two types of law-making powers of the state parliaments. In your answer, provide an example of each.
Answer
The two types of law-making powers held by state parliaments are:
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Residual Powers: These are powers that were not enumerated in the Constitution and thus rest with the states. An example is the power to legislate on matters such as education and health.
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Concurrent Powers: These are powers that are shared between both the state and federal parliaments. An example is the power to legislate on taxation, where both levels of government can impose taxes concurrently.