Legal Studies : Assignment
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Added on 2020-12-24
Legal Studies : Assignment
Added on 2020-12-24
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Legal Studies
TABLE OF CONTENTSINTRODUCTION................................................................................................................................3MAIN BODY.......................................................................................................................................31. Determining whether commonwealth and state government has power to make legislations ...32. Components of government in Australia and their roles ............................................................43. Importance of separation of power in context of functioning of democracy...............................5CONCLUSION....................................................................................................................................5REFERENCES.....................................................................................................................................6
INTRODUCTIONThe Australian constitution came into force on 1901.In Legal system of Australia,constitution has established has set up the federal system of government. The boundaries of lawmaking power between commonwealth as well as state territory has been clearly defined by theconstitution. In context of legislative system of Australia, constitution is considered to be as afundamental legislation of Australia and it is to be followed by everybody including commonwealthparliament and state governments.The report have focus on determining the power which commonwealth as well as stategovernment posses in context of passing different norms. It will emphasize on identifying the keycomponents of legal bodies in Australia. MAIN BODY1. Determining whether commonwealth and state government has power to make legislations In Australian legislative system, powers are distributed between national government that iscommonwealth and other 12 territories which are known as state government. Section 51 ofAustralian constitution grants the power to Commonwealth of Australia. This section consists ofother thirty nine subsections and each of which provides the head of power under which parliamenthave power to create legislations (French, 2018). According to the section 51 of Australian constitution, parliament has right to formulate thenorms in context of people of any race that means only special laws. Section 51 (I) providesparliament power to create legislation related to the trade and commerce. The power of thecommonwealth passing laws in context of different subject matters :Minimum school leaving age: The state government has the power to make the legislation related tothe minimum school leaving age. Ministry of education has empowered to control as well asregulate discipline of students in government schools. This power is provided to state by theconstitution of parliament. Capital punishment :Neither Commonwealth and nor territories has the power to pass the lawrelated to the capital punishment. Only Federal parliament has the right to pass the legislation.Control of illegal immigrants entering Australia : Section 51 of Australian constitution does notprovide commonwealth to create legislation for controlling entrance of illegal immigrants enteringin Australia. According to the section 51 of Australian constitution, commonwealth can make lawsrelated to the citizen of the Australia. Section 51, provides the parliament to make power for
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