tiff-harvey
New Member
- Joined
- Mar 7, 2010
- Messages
- 6
- Gender
- Female
- HSC
- 2011
how are powers divided and separated in Australia's system of government?
-
Looking for HSC notes and resources? Check out our Notes & Resources page
legal studies - assignment help! (1 Viewer)
- Thread starter tiff-harvey
- Start date
jeff.wong
Member
- Joined
- Oct 27, 2008
- Messages
- 177
- Gender
- Male
- HSC
- 2008
Power divided between Federal and State government - Division of power
-Exclusive power: Commonwealth power
-Concurrent power: Power shared by both Commonwealth and State
-Residue power: Power left over for State
Under S109 of constitution, Federal laws always prevails over State laws where it is inconsistent.
Power is also separated into three strands - Separation of power
-Legislature: those who make the law
-Executive: those who put laws into action
-Judiciary: those who apply the law
In reality the legislature and executive is overlapped in Australia and the Judiciary is really the only independent strand of power.
-Exclusive power: Commonwealth power
-Concurrent power: Power shared by both Commonwealth and State
-Residue power: Power left over for State
Under S109 of constitution, Federal laws always prevails over State laws where it is inconsistent.
Power is also separated into three strands - Separation of power
-Legislature: those who make the law
-Executive: those who put laws into action
-Judiciary: those who apply the law
In reality the legislature and executive is overlapped in Australia and the Judiciary is really the only independent strand of power.