The Australian Constitution establishes a 'division of powers' by specifically listing the areas in which the Federal Parliament has the authority to make laws. For matters that are not explicitly mentioned in the Constitution—such as urban planning, schools, and hospitals—which of the following best describes how power is allocated?
- These are known as 'residual powers' and remain the responsibility of the state governments.Cevap
- BThese are 'exclusive powers' that were automatically transferred to the Federal Parliament to ensure the national government can provide consistent services.
- CThese are 'separated powers' that the Constitution requires the High Court to manage directly rather than the state or federal parliaments.
Cevap
The powers not listed in the Constitution are known as 'residual powers' and belong to the state governments.
The correct answer is correct because the Australian Constitution only lists specific powers for the Federal Parliament. Anything not mentioned—such as schools, hospitals, and roads—is considered a 'residual power' that stays with the state governments. This was part of the agreement made by the colonies when they joined together at Federation in 1901.
Adım Adım Çözüm
Anahtar Kavram
Residual Powers
İpuçları
1
Think about whether the Constitution lists what the Federal government CAN do, or what the State governments CAN'T do.
2
When the six colonies became states in 1901, they kept all their existing powers except for the ones they specifically gave to the new national government.
3
The term for powers that 'stay behind' with the states because they weren't handed over to the Federal government is 'residual'.
Daha Fazla Pratik
Review Section 109 of the Constitution to understand what happens when a state law on a 'concurrent power' (shared power) conflicts with a federal law.
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