Conflict Between Federal And State Law (1 Viewer)

[simonloo]

Hi,

I have to present a report upon Conflict between Federal and State Law, although I have found quite a number of cases, (I'm using the case of the recent ACT amendments to civil union in 2006) I have to also do a 'general overview' on the why and how of why such conflict between laws happen.

This particular bit has proven difficult, and although I have gone on sites such as austlii.edu, (foundation law link isn't working), as well as the resource directory thread on this subforum, I don't seem to have much luck on finding information on this topic.

If anyone happens to know any good websites/resources which are directly relevant to conflict between federal and state law, I'd appreciate it if you could post them here.

Thanks in advance.

 

[Jachie]

Oh! I remember discussing something with one of my coworkers recently, that would have been a perfect example of this. I'm racking my brain, but I can't think of what we were talking about. *frowns* Bugger it. If I remember, I'll come back. :wave:

 

[Optophobia]

You're going to talk about the commonwealth and state heads of power, and how the commonwealth constitution provides for the commonwealth to overide the state to the extent of the inconsistency.

 

[Optophobia]

(I'm using the case of the recent ACT amendments to civil union in 2006)

That would probably only have superficial relevance to your report, because that is something that is specific to the ACT/commonwealth relationship and NOT the relationship between the states and the commonwealth. The ACT is unique in the respect that the commonwealth has authority over all laws passed in the ACT. It does not have such control over other state matters, unless it has the power under sec. 51 to make such laws - but even then it's not direct power over the states.

 

[Kabbasi]

Hey there!

There were two things that popped into my head as I read your question, and they will AWESOMELY benefit you if you use them;

Section 109 of the Constitution: "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."

If I were you, I wouldn't focus too much on the civil unions but more upon a landmark case such as the Franklin Dams Case, which is perfect for demonstrating the clash between the two goverments. It was an incredibly contraversial case and you'd find loads of it over the internet!

Hope that helps!