Chapter 5Tuesday 28 February

2012

Constitution: Law making powers

and human rights

The role of the Commonwealth Constitution in establishing and restricting the law-making powers of parliament

The distribution of law-making powers between state and Commonwealth parliaments

The importance of the Constitution in protecting democratic and human rights

Key Knowledge for this Chapter

How does this relate to what we have already studied?

HINT: Separation of powers

The role of the Commonwealth

Constitution in establishing and

restricting the law-making

powers of parliament

How does this relate to what we have already studied?

HINT: Federalism/federal system of government

The distribution of law-making

powers between state and

Commonwealth parliaments

How does this relate to what we have already studied?

HINT: Responsible Government

The importance of the

Constitution in protecting

democratic and human rights

‘The Castle’

http://www.youtube.com/watch?v=ITUSZ6LRHrk

Must see film about the

Constitution!

The Commonwealth Parliament and the state Parliaments share the responsibility of law-making

The Constitution tells us the areas in which the Commonwealth Parliament can make laws and the areas in which the state parliaments may make laws

The Constitution: Australia’s most important legal

document

The 4 main types of POWERS

The powers of the Commonwealth Parliament that are explicitly stated in the constitution

Set out in S 51 and 52 of the Constitution

Enumerated (or specific) powers

Law making powers that may be exercised by both the Commonwealth and the State parliaments

Concurrent powers

Powers that belong to only the Commonwealth Parliament

S 52 of the ConstitutionExclusive powers

Any other powers that were not given to the Commonwealth remain with the state parliaments

S 106 and S 107

Residual powers

Make your prediction

What happens when there is a

conflict between a Commonwealth

law and a state law?

WHO’S THE BOSS?!

The COMMONWEALTH

PARLIAMENT

S 109 tells us that the

Commonwealth law will prevail

The Constitution limits the power of the Commonwealth and the State Parliaments by imposing restrictions

S 80 S 92 S 99 S 116 S 117

Specific restrictions