constitutional influences (1 Viewer)

[jonowang]

i need help on this assesment i got:

how does the constitution influence govt policy in australia

 

[wixxy2348]

s 52 of the Constitution sets out which areas that the Federal Government has powers on which to legislate, thus all government policy, on a federal level, must fit within these limitations.

The state governments then have plenary powers to legislate on that which serves the common good of the states, respectively.

 

[jonowang]

s 52 of the Constitution sets out which areas that the Federal Government has powers on which to legislate, thus all government policy, on a federal level, must fit within these limitations.

The state governments then have plenary powers to legislate on that which serves the common good of the states, respectively.

how do you know this stuff? is it in a txtbook?
care to expand...

 

[wixxy2348]

how do you know this stuff? is it in a txtbook?
care to expand...

Alright, unquoted stuff is my expansion on my quoted points. For the record, all this is stuff I've learnt through studying law at uni/actually reading the constitution.

s 52 of the Constitution sets out which areas that the Federal Government has powers on which to legislate, thus all government policy, on a federal level, must fit within these limitations.

Commonwealth vs. The States – The Commonwealth’s law is dominant, but Section 51 of the Constitution only gives the Commonwealth power in certain areas.
The constitution gives the commonwealth grounds to legislate on 39 subject matters. Anything outside of these, the Commonwealth cannot enact legislation. If a state has different legislation to the Commonwealth on any of the 39 subject matters as in the constitution, the Commonwealth legislation invalidates (overrules) the state legislation.

The state governments then have plenary powers to legislate on that which serves the common good of the states, respectively.

The states have unlimited plenary power. They can enact anything. The only restriction is that if a state act is inconsistent with valid Commonwealth legislation, it is invalidated under section 109 of the Constitution.

 

[jonowang]

Alright, unquoted stuff is my expansion on my quoted points. For the record, all this is stuff I've learnt through studying law at uni/actually reading the constitution.


Commonwealth vs. The States – The Commonwealth’s law is dominant, but Section 51 of the Constitution only gives the Commonwealth power in certain areas.
The constitution gives the commonwealth grounds to legislate on 39 subject matters. Anything outside of these, the Commonwealth cannot enact legislation. If a state has different legislation to the Commonwealth on any of the 39 subject matters as in the constitution, the Commonwealth legislation invalidates (overrules) the state legislation.



The states have unlimited plenary power. They can enact anything. The only restriction is that if a state act is inconsistent with valid Commonwealth legislation, it is invalidated under section 109 of the Constitution.

thanks