Federalism in the constitution , PAL Constitution sections chap 1-3

s106

Preserves" the Colonies' constitutions, where they don't conflict with the Aust. Constitution. They become State Constitutions

s107

all colonial powers continue after federation except those given exclusively to the Commonwealth

s108

existing colonial laws to continue after federation, where they don't conflict with the Aust. Constitution

s51 (ii)

The Taxation power. Broad concurrent power that can apply to many types of taxes, apart from see section 90.

s87

75% of all Commonwealth customs & excise revenue to be returned to the States for 10 years (the old "Braddon Blot" now spent

s90

The Commonwealth has the EXCLUSIVE power to impose customs & excise duties

s92

Free trade. Trade between the states must be "absolutely free". No state can impose any barriers, customs or bounties on goods and services coming from another state.

s96

allows the Commonwealth to grant money to the States "as the parliament thinks fit" (tied grants)

s99

requires the Commonwealth to treat all states equally. Some states are wealthier than others (WA v TAS). Therefore the Commonwealth makes

s51

a list of powers shared by the Commonwealth and the States

s52

the power over the federal seat of government (Canberra) & the Commonwealth public service

s109

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.

Section 1

Establishes the Federal parliament as The legislative body of the commonwealth e.g vesting legislative power

Section 2-4

Establish the GG as the representative of the king

section 7

Establishes the senate as equal representation for each state as a multimember electorate

Section 53

senate has Equal power except for initiation and amendment of money bills

section 24-40

establishes the HOR as the peoples house relative to pop.

Section 24

Sets the senate as the peoples house and the number of members in the HOR must be twice the number in the senate -- this is referred to as the nexus

Section 49

Establishes parliamentary privilege

Section 44-50

sets out procedures applying to both houses e.g disqualification, vacancy, allowance, privileges

Section 51

Defines where the fed parliament can leg --> lays out continual concurrent powers

Section 109

CW has priority say if concurrent powers conflict

Section 52

Lays out the exclusive powers of the CW to form the public service (Govt. dep)

Section 57

Establishes procedures in the case of a deadlock between houses and gives the GG the power to call a double disillusion or a joint sitting

section 61

executive power is vested in the king and is excisable by the GG

Section 62-64

GG appoints members to the federal executive council and dismiss ministers

Section 62

Establishes the federal executive council

Section 63

GG acts on advice of the federal executive council

section 67

Appointing senior govt officials

Section 68

GG is the chief of the armed forces

Section 71

establishes the High court and provides the CW parliament the power to establish federal courts

Section 72

Guarantees tenures for judges and judges are appointed on the advice of exco

Section 73

Appellate jurisdiction: sees appeals from any court, interpret courts and is the last court of appeal

Section 75

Has original jurisdiction over matters arising from treaties, cases brough before the CW, legal disputes between states, residents of one state and gov of another

Section 76

Has original jurisdiction over constitutional interpretation, laws made by parliament, admiralty and maritime jurisdiction, same subject matter claimed under different state laws