The Constitution and Division of Powers:
The constitution provides for the allocation of law making powers to the Commonwealth Parliament. Here it sets out what is referred to as the division of powers. The division of powers refers to the separation or allocation of law making powers to Commonwealth and the States determined at the time of federation .
The division of powers incorporates four sections:
Specific powers : These are law making powers that were given to the Commonwealth to make laws. They are enumerated (listed one by one) under Section 51 & 52 of the Constitution. These law making powers are given to the Commonwealth to make laws for 'peace, order and good government of Australia'. Some examples of these law making powers include fisheries, lighthouses and immigration.
Exclusive powers: Within the specific set of law making powers given to the Commonwealth as discussed above, a number of these are exclusive. Exclusive powers are ones that only the Commonwealth can make laws for and the States cannot. These include areas of national concern such as immigration, defence and currency. These law making powers are part of specific powers but they are considered and termed differently because the states are excluded from legislating on them.
Concurrent powers: Within the set of law making powers given to the Commonwealth as discussed above, a number of these law making powers are also non exclusive and as such are shared with the states. These are known as concurrent powers because both the Commonwealth and the States have the authority to legislate in these areas. These areas are marriage, divorce and bankruptcy. However it is important to acknowledge here that if States made a law that conflicted with Commonwealth's laws, S109 within the Constitution states that Commonwealth's laws will always override that of the states.
Residual powers: These law making powers are not found within the Australian constitution. At the time of federation, colonies wanted to retain some of their law making powers and not completely give up their legislative authority to the Commonwealth. As such, they retained a set of law making powers that each state can legislate based on the need of their states. These areas of law making include education, criminal laws and health. e.g. in Victoria we have the VCE as oppose to HSC.
How to write about the DOP collectively: The division of powers refers to the allocation of law making powers between the Commonwealth and the States. Within this structure there are four division. Specific powers are enumerated in the Constitution and are given to the Commonwealth to make laws for the 'peace, order and good government' of Australia. These include postal, fisheries and lighthouses. Within Specific powers certain powers are exclusive. Exclusive powers refer to a set of law making powers only the Commonwealth can legislate on which include immigration, currency and defence. Concurrent powers are law making powers shared between the Commonwealth and the States these include marriage, divorce and bankruptcy. Finally residual powers are not found in the Constitution and are left over to the States. These include criminal law, education and health.
The constitution provides for the allocation of law making powers to the Commonwealth Parliament. Here it sets out what is referred to as the division of powers. The division of powers refers to the separation or allocation of law making powers to Commonwealth and the States determined at the time of federation .
The division of powers incorporates four sections:
Specific powers : These are law making powers that were given to the Commonwealth to make laws. They are enumerated (listed one by one) under Section 51 & 52 of the Constitution. These law making powers are given to the Commonwealth to make laws for 'peace, order and good government of Australia'. Some examples of these law making powers include fisheries, lighthouses and immigration.
Exclusive powers: Within the specific set of law making powers given to the Commonwealth as discussed above, a number of these are exclusive. Exclusive powers are ones that only the Commonwealth can make laws for and the States cannot. These include areas of national concern such as immigration, defence and currency. These law making powers are part of specific powers but they are considered and termed differently because the states are excluded from legislating on them.
Concurrent powers: Within the set of law making powers given to the Commonwealth as discussed above, a number of these law making powers are also non exclusive and as such are shared with the states. These are known as concurrent powers because both the Commonwealth and the States have the authority to legislate in these areas. These areas are marriage, divorce and bankruptcy. However it is important to acknowledge here that if States made a law that conflicted with Commonwealth's laws, S109 within the Constitution states that Commonwealth's laws will always override that of the states.
Residual powers: These law making powers are not found within the Australian constitution. At the time of federation, colonies wanted to retain some of their law making powers and not completely give up their legislative authority to the Commonwealth. As such, they retained a set of law making powers that each state can legislate based on the need of their states. These areas of law making include education, criminal laws and health. e.g. in Victoria we have the VCE as oppose to HSC.
How to write about the DOP collectively: The division of powers refers to the allocation of law making powers between the Commonwealth and the States. Within this structure there are four division. Specific powers are enumerated in the Constitution and are given to the Commonwealth to make laws for the 'peace, order and good government' of Australia. These include postal, fisheries and lighthouses. Within Specific powers certain powers are exclusive. Exclusive powers refer to a set of law making powers only the Commonwealth can legislate on which include immigration, currency and defence. Concurrent powers are law making powers shared between the Commonwealth and the States these include marriage, divorce and bankruptcy. Finally residual powers are not found in the Constitution and are left over to the States. These include criminal law, education and health.