Roles Of The Australian Constitution

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In understanding the role of the Australian constitution it can be disputed that the Australian constitution is highly significant in the operation of government. The Australian constitution is a set of rules by which Australia is run. It came into effect on the 1 January 1901. This document has been important in the shaping of Australian society. The Australian constitution describes the structure, role and powers of the federal government. It informs how the federal and state governments share the power to make laws. It also points out the important role of the executive government and how the high court depicts certain rights of Australian citizens. There has been significance case of breaches to the constitution which in turn have been …show more content…

Specific powers are the law making powers that are given to the commonwealth to make laws. They are identified under section 51 and 52 of the constitution. These law making powers are given to the commonwealth to makes laws for peace, order and good government of Australia. The exclusive powers are the ones specific to set laws, the exclusives powers are the only ones commonwealth can make laws for and the states cannot. These include areas of national concern such as immigration , defence and money. These law making powers are part of specific powers but they are considered and termed differently because the states are not apart of the legislation of them. The concurrent powers are set of law making powers given to the commonwealth, a number of these law making powers are also non exclusive as they share with the states, these are known as concurrent powers because both the commonwealth and the states have the authority to pass laws in those areas, these areas are marriage, divorce and bankruptcy. It is important to understand that if states made a law that conflicted with commonwealths law within the constitution states that commonwealth laws will always overrule that of the states. The residual powers are …show more content…

It is their principal responsibility of the Hight Court of Australia to interpret the constitution and to settle disputes about its meaning. The High Court was established in 1903 and has the power to consider commonwealth or state legislation to determine whether such legislation is within the powers granted in the constitution to the relevant tier of government. The high court can make statement to legislation or parts of legislation that it finds it to be unconstitutional. Sometimes the high court is asked to decide whether it is the commonwealth government or state government which has the authority and responsibility to deal with a matter. At other times because the constitution provides specific limits to what the commonwealth government is delegated to do, the high court may be asked to decide whether a law made by the commonwealth government is within that power. Evolving interpretations of the constitution by the high court has resulted in a stronger law-making powers of the commonwealth without any changes to the worlds of the construction. Some important court cases have included the engineers case ( the amalgamated society of engineers v Adelaide steamship co Ltd (1920) 28 CLR 129) the Tasmanian dam case ( commonwealth v Tasmania

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