What does section 51 of the Australian Constitution state?

What does section 51 of the Australian Constitution state?

Section 51(xxxviii) allows state parliament(s) to refer to the Commonwealth Parliament any matter that the Parliament of the United Kingdom or the Federal Council of Australasia could legislate on their behalf at the establishment of the Commonwealth.

Does state law override Commonwealth law?

15.43 Section 109 of the Constitution provides that 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’.

What is Section 71 of the Constitution?

71. Judicial power and Courts. The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction.

What happens when state and commonwealth law conflicts?

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.

What are some strange laws in Western Australia?

2. It’s an offence to possess 50kgs of potatoes in Western Australia 3. Taxi cabs in Queensland are required to carry a bale of hay in the trunk 4. Bars are required to stable, water and feed the horses of their patrons 5. You must have a neck to knee swimsuit in order to swim at Brighton Beach (Melbourne) 6.

How does the rule of law work in Australia?

Sir Ninian Stephen in his lecture identified three factors that operate to resolve conflict between that plenary power and the rule of law in a country like Australia: “First the general, if not constant and unanimous, recognition of and respect for the principles of the rule of law by our legislatures. Secondly, judicial interpretation …

Is there a law against religion in Australia?

Ch 5 § 116 The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

What is the law on sterilisation in Australia?

The Sterilisation of Women with an Intellectual Disability, University of Tasmania Law Review 10 pp 157-195. 4. Graycar, R. (1995). The Gender of Judgements – an introduction, In (Ed.) 5. 6. for children under the law in Australia.

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