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Commonwealth Constitution

2. An outline of the Australian Constitution. ChaptersThe ParliamentThe Executive GovernmentThe JudicatureFinance and TradeThe StatesNew StatesMiscellaneousAlteration of the Constitution. 3. I. Parliament. Chapter I vests the legislative power of the Commonwealth in a Federal Parliament cons

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Commonwealth Constitution

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    1. 1 Commonwealth Constitution

    2. 2 An outline of the Australian Constitution Chapters The Parliament The Executive Government The Judicature Finance and Trade The States New States Miscellaneous Alteration of the Constitution

    3. 3 I. Parliament Chapter I vests the legislative power of the Commonwealth in a Federal Parliament consisting of the Queen, a Senate and a House of Representatives, and provides for the establishment of the Houses, the significant procedures and the powers of the Parliament.

    4. 4 The concurrent powers

    5. 5 The concurrent powers If the subject matter of Commonwealth legislation is not included within the 39 heads, then the Federal Government has no legislative authority to deal with it. Case: New South Wales v The Commonwealth (1990) Case: Australian Communist Party v Commonwealth (1951)

    6. 6 V. The States Chapter V preserves State constitutions, State laws and powers of State parliaments. Racial Discrimination Act 1975 (Cth) Commonwealth v Tasmania (1983) 158 CLR 1

    7. 7 Inconsistency

    8. 8 Inconsistency The test applied by the courts is to determine whether or not the Federal Parliament expressly or impliedly intended to cover the whole field, and if so any State law entering upon that field is invalid.

    9. 9 II. The Executive Government Chapter II vests the executive power of the Commonwealth in the Queen, and provides for it to be exercisable by the Governor-General as the Queen’s representative with the advice of the Federal Executive Council.

    10. 10 Legislative and executive powers

    11. 11 III. The Judicature Chapter III vests the judicial power of the Commonwealth in the High Court of Australia and any other Federal courts created by the Parliament.

    12. 12 Judicial power The separateness of judicial power has been preserved under the Australian Constitution. Case: R v Kirby; Ex parte the Boilermakers’ Society of Australia (1956) Case: Brandy v Human Rights and Equal Opportunity Commission (1995)

    13. 13 IV. Finance and Trade Section 90 grants exclusive power to the Federal Parliament over customs and excise duties. Section 92 provides that ‘trade commerce and intercourse among the States … shall be absolutely free’.

    14. 14 VIII. Alteration of the Constitution Section 128 provides the procedure by which the constitution may be amended. The amendment must be passed: by both Houses of Parliament by a majority of voters by a majority of States.

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