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The Commonwealth Constitution of Australia
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Learning Objectives Success Criteria
The Division of constitutional law-making powers of the state and Commonwealth parliaments, including exclusive, concurrent and residual powers Success Criteria Explain the role of the Commonwealth Constitution with respect to law-making powers and the protection of rights identify the types of law-making powers Specific powers Exclusive powers Concurrent powers Residual powers Explain the impact of S109 Describe restrictions imposed by the Commonwealth Constitution on the law-making powers of state and Commonwealth parliaments.
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The Commonwealth Constitution
Australia is a constitutional monarchy. Our head of state is the queen, but the political system is based on the Constitution. The role of the constitution is to: Establish the guidelines for a federation Distribute powers between the Commonwealth and the six states Set out the structure of parliament and its power to make laws Define the relationship between Federal and state parliament
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The Commonwealth Constitution
constitution.html
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The Commonwealth Constitution
The Constitution describes how the Federal Parliament works, what it can make laws about and how it shares its power with the states. It also describes the roles of the government and the high court. Sometimes there are disagreements over the issues relating to the Constitution. The High Court of Australia is responsible for providing the official interpretation of the Constitution and deciding on these disagreements. The Constitution is divided into eight chapters. Each of these chapters is divided into sections which describe the different powers in detail. Changing the Constitution requires a nation-wide referendum. A majority of Australian voters, and a majority of voters in at least four states, must agree to the changes. The Constitution has had a total of eight changes since 1901. More than 100 years on, the Constitution continues to guide how Australia is governed and how laws are made. It is the framework for our democracy.
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S51 S52 S51 (some) S52 (all)
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Prohibitions S115 – Prohibits State from coining money
S51 – Gives Commonwealth power to coin money = exclusive S114 – Prohibits States from making laws about raising an army S51(v) Give commonwealth the power = exclusive
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Division of Law-Making Powers
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Activity 7.1 – Folio Exercise pg 242
Task Activity 7.1 – Folio Exercise pg 242
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