Functions of the Commonwealth Parliament
This section specifies that senators shall be "directly chosen by the people of the State
Section 7
This section states that the executive power "is vested in the Queen and is exercisable by the Governor-General."
Section 61
This section establishes that judicial power shall be vested in a "Federal Supreme Court, to be called the High Court of Australia."
Section 71
This section's interpretation has led to vertical fiscal imbalance between the Commonwealth and States - Section & What it does
Section 90 - This section prohibits States from imposing duties of excise.
This section resolves inconsistencies between Commonwealth and State laws.
Section 109
This section mandates that the number of members chosen in the several States shall be in proportion to the respective numbers of their people.
Section 24
This section requires that Federal Executive Councillors be "sworn in as Executive Councillors."
Section 62
This section sets the retirement age for High Court justices at 70 years.
Section 72
This section allows States to maintain laws in force at federation, unless inconsistent with Commonwealth law.
Section 107
Section 96
Allows the Commonwealth to make financial grants to States
This subsection of Section 51 has been used to expand Commonwealth power over corporations.
51(xx)
Section 64
This section allows Ministers to hold office for "up to three months" without being a member of Parliament
*After 3 months have to be a member of Parliament - establishes responsible government
This section allows appeals to the High Court from State Supreme Courts
Section 73
This section includes the "aliens power" used for immigration legislation.
Section 51(xix)
Explain Section 87
A mechanism to transfer funds from CP to the states. The ‘Braddon Blot’/Braddon Clause was to ensure the states had financial resources after federation. A ‘spent section’(10 years)
Section 53
This section prohibits the Senate from originating or amending money bills
This section gives the Governor-General power to prorogue the Parliament. (Section & what prorogue means)
Section 28 - means to formally end a session of parliament without dissolving it.
Section 76
Allows Parliament to define the jurisdiction of federal courts other than the High Court
This subsection of Section 51 allows States to refer matters to the Commonwealth Parliament.
Section 51(xxxvii
Mechanism of transfering funds to the states - it Now a spent section, it allowed the parliament to transfer all surplus revenue of the Commonwealth to the states. However, soon after 1901, the Commonwealth instead decided to pay all surplus revenue into a trust to cover future spending.
S94
This subsection of Section 51 has been interpreted to allow implementation of international treaties in domestic law
Section 51(xxix)
Section 72
The Governor-General in Council has the power to appoint Justices of the High Court and other federal courts created by Parliament. The Governor-General in Council can also remove these Justices, but only upon an address from both Houses of Parliament in the same session, requesting such removal on grounds of proven misbehavior or incapacity.
Gives the High Court jurisdiction in matters affecting consuls or other representatives of other countries.
Section 75 (original jurisdiction)
What is the relevance of the Cole v Whitfield case on Constitutional Interpretatio? (And what section?)
Impact on S92 ("trade, commerce, and intercourse among the States... shall be absolutely free,") has been interpreted to prohibit discriminatory burdens on interstate trade.
This section of the Australian Constitution allows Commonwealth to override inconsistent State laws. What section is this...and what it is this tactic called?
S109 - Covering the Field