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July 07, 2020, 03:31:33 am

Author Topic: 09 exam  (Read 1396 times)  Share 

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danman

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09 exam
« on: November 09, 2009, 02:34:05 pm »
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what does everyone think will pop up on the exams?

i think referenda, reasons for tribunals existance and how precedent allows/restricts courts making law.


mypurpleundercracka

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Re: 09 exam
« Reply #1 on: November 09, 2009, 02:38:37 pm »
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hopefully a big marker will be on comparing the Australian Constitution with another nations bill of rights, easy marks

amy_213

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Re: 09 exam
« Reply #2 on: November 09, 2009, 09:34:27 pm »
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why law changes? thats a cliche question i've seen.

mypurpleundercracka

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Re: 09 exam
« Reply #3 on: November 10, 2009, 07:44:53 pm »
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better question, whose ready for the big day tomoz?  :laugh:

Harbourmastah

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Re: 09 exam
« Reply #4 on: November 10, 2009, 09:05:20 pm »
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Yeah I think there's gonna be a big one on precedent and powers of the commonwealth

I would be ready for this If I started studying last term lol

mypurpleundercracka

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Re: 09 exam
« Reply #5 on: November 10, 2009, 09:14:10 pm »
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Yeah I think there's gonna be a big one on precedent and powers of the commonwealth

I would be ready for this If I started studying last term lol


division of powers ya mean?

amy_213

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Re: 09 exam
« Reply #6 on: November 10, 2009, 09:36:39 pm »
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^ Yeah i think he means division of powers LOL!
Probably on DOP and Adversary System?

Harbourmastah

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Re: 09 exam
« Reply #7 on: November 10, 2009, 09:52:55 pm »
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Yeah I think there's gonna be a big one on precedent and powers of the commonwealth

I would be ready for this If I started studying last term lol


division of powers ya mean?

yes exactly! Speaking of which can anyone give a breif summary on this area? Like which sections state each power? thanks in advance..Cbs checking textbook 

mypurpleundercracka

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Re: 09 exam
« Reply #8 on: November 10, 2009, 10:31:04 pm »
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Yeah I think there's gonna be a big one on precedent and powers of the commonwealth

I would be ready for this If I started studying last term lol


division of powers ya mean?

yes exactly! Speaking of which can anyone give a breif summary on this area? Like which sections state each power? thanks in advance..Cbs checking textbook 


here ya go:

DIVISION OF POWER UNDER THE CONSTITUTION
Commonwealth of Australia Constitution Act 1900 (UK) → Constitution → 1st January 1901

Constitution states all powers of federal parliament whilst leaving all unmentioned area's to the states with a few concurrent area's that are enumerated in the Constitution

Residual powers
-States as seperate colonies had the power to make law in all areas before the federation
-They are all the area's of power that are not mentioned in the Constitution , they are given and held by state parliaments
-Constitution does NOT list residual powers

S107 “every power of the states shall continue unless exclusively given to the Commonwealth or withdrawn from the state” (recognises that all unmentioned areas are given to the states)

Examples of residual powers:
-public transport
-health
-education
-law enforcement
-environment

Specific powers (exlclusive and concurrent)
-Constitution gives the Cth parliament specific powers to “make laws for the peace, order and good government of the Commonwealth”
-Specified in Constitution, also known as enumeraate powers = divided into exlclusive and concurrent powers
-Mostly set out in S51 under the “39 heads of power” (enumerated)



Exclusive powers

-Only can be exercised by the Federal parliament and cannot be shared
-E.g. conining money, customs and exice, military and naval forces
-Exclusive powers not entirely clear under S51 (clarified by other sections)
-E.g. S51(xii) → power to Cth over currency, coinage and legal tender. S115 states prohibited from coining money = only can be done by parliament

-S51 (vi) → power to make laws given to the Cth in regards to naval and military forces. S114 states shall not raise military forces

-S51 (iii) → Cth parliament exclusive in law making on taxes on imports and customs . S90 = states this is exclusive to the Cth parliament

Concurrent powers
-Law making powers exericsed by both the federal and state parliaments
-States share many law-making powers of federal parliament under S51
-E.g. taxation, marriage, census and statistics
-E.g. marriage, divorce and custody → S51 (xxi) and (xxii)
-Taxation → S51 (ii)

danman

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Re: 09 exam
« Reply #9 on: November 10, 2009, 10:32:53 pm »
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the constn gave commonwealth specific powers to make laws. Some of these were exclusive to the comm parl and some were concurrent and shared with the states.
most specific powers outlined in s51
exclusive powers are made exclusive by other parts of the constn.. eg s51(XII) gives the comm the power to legislate over currency, coinage and legal tender and s115 states that the states are not allowed to coin money.
concurrent powers include taxation, marriage and trade. the comm and state share jurisdiction in these matters but s109 states that if there is an inconsistency between state and federal legislation, that the state law will be deemed invalid to the extent of the inconsistency and that the federal legislation shall prevail.

residual powers were those not mentioned in the constn and therefore were left with the states.. they're protected in the constn by s106-108 that state that every constn of each state shall continue to operate until altered, every power of the states and every law in force in the states shall remain in force(unless exclusively given to the comm)  residual powers include education and public transport.

i hope tht's wht u were after

Harbourmastah

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Re: 09 exam
« Reply #10 on: November 10, 2009, 10:40:40 pm »
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Wow that's perfect thanks to both of you :D