Constitutional Division Of Powers In Australia Essay

The Constitution is a document that outlines the legal frame work and rules, pertaining to parliaments power to make laws and what they are about. It could also be said that the Constitution controls parliament’s authority, power and operation. For example, only federal parliament can make laws about defence, as stated in section 51 of the Constitution. All members of Australia are bound by the constitution, including the Commonwealth and state parliaments. Prior to the Constitution, the British government ruled over the six separate colonies of Australia. The Australian Constitution was created by the Commonwealth of Australia Constitution Act 1900 (UK), due to the six colonies of Australia deciding to federate into a singular nation. The

The separation of law making power has been divided between federal and state governments, this is known as “the Constitutional Division of Powers”. Federal parliament has “executive law making powers”, granting them to make laws surrounding immigration, defence and marriage (which are stated in section 51, outlining areas that federal parliament can make laws on). State parliament has what’s known as “residual powers” (left over areas/areas not included in the constitution). Including roads (tolls/fees), transport/opal card (excluding planes, only federal parliament can make laws regarding aviation) and health, mainly focusing around hospitals. There are some powers in which both the state and Commonwealth share (concurrent powers). For example, both courts deal with criminal law, however, state parliament deals with murder, whilst the Commonwealth deals with terrorism. As a result of both parliaments being able to address law to the same areas there may be overlaps. However, section 109 of the constitution states, in a situation where the laws are inconsistent with each other, the Commonwealth’s laws can override any of the states law, to maintain