10.5 the division of law-making power

Division of law-making powers

law-making powers are powers or authority given to parliament to make laws in certain areas

the division of powers separates the lawing powers between federal and state levels

Types of law-making powers

residual

concurrent

exclusive

Residual powers

law-making powers left with the states

not listed in the constitution

section 106, 107 and 108 of the constitution

eg. criminal law, education and public transport

Exclusive powers

Specifically mentioned in the Constitution

powers only for Commonwealth

sections of the constitution give the commonwealth the law making power and other sections make that power exclusive

eg. power in impose customs (power s.51, exclusivity s.90)

mint currency (power s.51, exclusivity s.115)

raise naval and military forces (power s.51, exclusivity s.114)

Concurrent

Powers shared by the Commonwealth and the states

listed in s.51 of the constitution

eg. tax and marriage/divorce