The Australian Constitution allows for 'concurrent powers,' where both the Federal and State governments may legislate on the same subject (such as trade or marriage). If a State law is found to be inconsistent with a Federal law in one of these areas, what is the legal outcome under Section 109 of the Constitution?
- The Federal law prevails, and the State law becomes invalid only to the extent that it is inconsistent with the Federal law.Cevap
- BThe State law is completely cancelled and must be redrafted by the Federal Parliament to ensure national consistency.
- CThe matter is referred to the Governor-General to decide which law better supports the 'separation of powers' between levels of government.
Cevap
The Federal law prevails, and the State law becomes invalid only to the extent that it is inconsistent with the Federal law.
Section 109 of the Australian Constitution states that when a law of a State is inconsistent with a law of the Commonwealth (Federal), the Commonwealth law shall prevail, and the State law shall, to the extent of the inconsistency, be invalid.
Adım Adım Çözüm
Anahtar Kavram
Conflict of Laws (Section 109)
İpuçları
1
Think about which level of government represents the entire nation versus just one part of it.
2
Look for a rule in the Constitution (Section 109) that acts as a 'tie-breaker' when laws clash.
3
The rule doesn't destroy the whole State law; it only stops the parts that don't match the Federal law.
Daha Fazla Pratik
Review Section 51 of the Constitution to see the list of 'concurrent' powers where this conflict might occur.
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