Acquisition of property on just terms Daryl Kerrigan and his counsel are presenting argument to the court that no monetary value can be placed on the value of a family home Is this is in fact true Is there a difference between the acquisition of a private home and a vacant block of land ID: 583334
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Slide1
Restrictions on lawmaking powers Slide2
Acquisition of property on just terms
Daryl Kerrigan and his counsel are presenting argument to the court that no monetary value can be placed on the value of a family home
.
Is this is, in fact, true. Is there a difference between the acquisition of a private home and a vacant block of land? What does just terms actually mean?https://www.youtube.com/watch?v=ITUSZ6LRHrk Slide3
Restrictions on law-making powers
The constitution places some restrictions on the jurisdiction of both Commonwealth and State Parliaments.
Restrictions on law-making powers are necessary to reduce the potential for conflict between the Commonwealth and states, and to ensure that the Commonwealth has exclusive control over areas of national security and financial management
.Many of these restrictions are designed to protect the rights of individuals or the rights of the states. Slide4
Restrictions on State Powers
Restrictions
on Commonwealth Powers
States cannot legislate in areas of exclusive power, as they belong solely to the Commonwealth
Section 114
A state shall not raise or maintain any naval or military force
Section 115
A state shall not coin money
Section 90
The imposition of duties of customs and excise is exclusive to the Commonwealth (no taxes on imported goods)
Section
116
The Commonwealth shall not make any law for establishing, imposing or prohibiting religion
Section 117
No discrimination against people based on their state of residence
Section 99
The Commonwealth shall not give preference to one state over another state
Section 92
Trade between the states shall be free-no state can charge trade duties to another state
Section 92
The Commonwealth cannot restrict free trade between the states
Section 109
In areas of concurrent
power, any state law that is inconsistent with a Commonwealth law shall be declared invalid
Section 51
Any acquisition of property by the Commonwealth must
be done on just terms Slide5
Explain two restrictions imposed on the law-making powers of the Victorian Parliament stated in the Constitution (2 marks)Slide6
One restriction imposed upon the lawmaking ability of the Commonwealth Parliament is found in section 116 where the Commonwealth is prohibited from making a law that establishes, imposes or prohibits a religion. This is restrictive as it disallows the Commonwealth from stipulating a religion upon the country. Another restriction imposed is found in section 99 where the Commonwealth cannot give preference to one state over another. This prohibits discrimination between the states. Slide7
Ensure you explain how it is restrictive, not just identify the restriction
1 mark per restriction
explained
Slide8
Sample response
One restriction imposed upon the Victorian State Parliament from the Constitution is found in section 114. this states that a state cannot raise or maintain naval or military force. This restricts the states from making law in this area and essentially gives the power exclusively to the Commonwealth. Another restriction imposed upon the Victorian Parliament is found in section 109. This is restrictive as it states that if the Victorian Parliament and the Commonwealth Parliament both make a law in an area of Concurrent power and there is an inconsistency, the Victorian law would be invalid to the extent of the inconsistency, restricting its ability to make law in that area. For example, in the law making area of Marriage.Slide9
Explain how it is possible that different states can make different laws in the same area
(3 marks)Slide10
2.2
2.) Define
, and give one example of, the following terms:
exclusive powersconcurrent powersresidual powers.3.) Explain the purpose of s. 109 of the Constitution.4.) How do state governments know from the Constitution what their powers are? 5.) In terms of the creation of law by the states, what problems can arise in their exercise of residual powers?
6.) Why
was it appropriate for law-making regarding defence, customs, currency and external affairs to be given to the Commonwealth?
7.) Explain
how s. 109 of the Constitution was applied in
McBain
v. State of Victoria (2000) FCA 1009
.Slide11
Thumbs up
Middle of the road
Thumbs down Slide12
Explain why each of the state parliaments in Australia is able to make different laws about the same area of law. 3 marks
State
parliaments can make different laws about the same area of law due to concurrent and residual powers. Residual powers are those not listed in the
consitutiton and hence remain with the states, and are protected in sections 106-107 of the constitution. Therefore, areas such as criminal law may differ from state to state. Similarly, concurrent powers are shared between the state and commonwealth and hence may also differ from state to state if a state has legislated in this area. Therefore, areas such as marriage may differ from state to state, unless a state law is inconsistent with a commonwealth law, in which case section 109 states that the commonwealth shall prevail.