Explain the difference between the concurrent and exclusive powers of the Commonwealth PDF

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Summary

The essay explores the difference between concurrent and exclusive power of the Commonwealth comparing various Common Law and statute...

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Explain the difference between the concurrent and exclusive powers of the Commonwealth. Also explain the nature of state powers and how inconsistencies between State and Commonwealth laws are resolved by the High Court. Your answers should refer to High Court case law as your primary authority. -

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Commonwealth has many distinguished powers which provide different limitations or the co-existence of various laws concerning the Australian cultural, social and political life of society Constitution super statute which governs and establishes the structure and legal framework of the rights, freedoms and legislative powers which are to be delegated or co-exist with other laws It is a Ubiquitous element within the constitution that certain legislative powers are to be divided in order to ensure the ultimate power of the commonwealth however also moinitor and safeguard the abuse of such powers with the jurisdictional adjudication of the High Court of Australia, inherently indicate in Chapter 3

What is concurrent power of the Commonwealth? - concurrent power of the Commonwealth encapsulates the co-existence of state law and commonwealth law. - Shared power between the state an commonwealth, both having the jurisdiction to legislate on the specified area of law What cases are there on this topic and what do they mean? What are exclusive powers of the Commonwealth? What do cases say on this topic and what parts of the Constitution imbed this?

Commonwealth laws resolved by High Court - judicial Review. How are inconsistencies between state and commonwealth resolved?

EXCLUSIVE POWERS - s 52 of Constitution key stone element embeds the ultimate law making powers of the Commonwealth - The Constitution is a super statute which establishes the division of power between State and Commonwealth - Residual powers reside with the states to legislate (all powers which are not mentioned in the constitution)

Also explain the nature of state powers and how inconsistencies between State and Commonwealth laws are resolved by the High Court....