Question

Difficulty: MediumDivision of Powers: Federal and State Responsibilities

The Australian Constitution specifically lists the areas where the Federal Parliament has the authority to make laws for the entire country. What happens to the law-making responsibilities that are not included in this specific list?

  1. They remain with the States and can be managed by State Parliaments.Answer
  2. B
    They are automatically passed to the Federal Parliament to ensure laws are consistent across the country.
  3. C
    They are managed by the Governor-General to keep them separate from the daily work of the government.

Answer

The law-making responsibilities not listed in the Constitution remain with the State governments and their parliaments.
The correct answer is that these powers remain with the States. The Australian Constitution lists specific 'enumerated' powers for the Federal Parliament. Anything not included in that list is considered a 'residual power,' which belongs to the State governments, such as management of schools, hospitals, and police.

Step-by-Step Solution

1
Identify the primary function of the Australian Constitution regarding the Federal Parliament.
The Constitution 'enumerates' or lists specific powers for the Federal level.
This establishes the legal boundaries of what the national government can and cannot do.
2
Determine what occurs with 'residual' powers—those left out of the Federal list.
According to the principle of the division of powers, any responsibility not given to the Federal level stays with the States.
This ensures that States maintain their own authority over local matters like education and health.

Key Concept

Division of Powers (Residual Powers)

Hints

1
Think about whether the Federal government has the power to do everything, or if its powers are limited.
2
The powers listed in the Constitution are for the Federal Parliament. Those 'left over' are called residual powers.

Practice More

Review common examples of State responsibilities, such as public transport and local roads, to see residual powers in action.
Estimated Time:45s
Rate this question