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Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an organ of government, nor given by law to any other organ of government. Such powers, as well as a general power of competence , nevertheless may exist because it is impractical to detail in legislation every act allowed to be ...
The reserved powers doctrine was a principle used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia, that emphasised the context of the Constitution, drawing on principles of federalism, what the Court saw as the compact between the newly formed Commonwealth and the former colonies, particularly the compromises that informed the text of the ...
The full list of powers is available on the Australian Parliament's website. In modern times, the most prominent heads of power for Commonwealth legislative purposes are arguably: (i) the interstate trade and commerce power, (ii) the taxation power, (xx) the corporations power, and (xxix) the external affairs power. This is because these ...
Union List includes subjects of national importance such as defence of the country, foreign affairs, banking, communications and currency. The Union Government alone can make laws relating to the subjects mentioned in the Union List. This list is about portfolios concerning the country as one or inter-state transaction.
The judges in Seas and Submerged Lands case (1975) differed as to whether the "external affairs" power entitled the Commonwealth to assert its sovereignty over Australia's territorial sea, though a majority held that it did. [8]
The Australian Constitution provides the Governor-General with a number of powers, including; the power to dissolve Parliament (Sections 5, 57), the power to refuse assent to bills presented to her (section 58) and the power to dismiss the government Ministers (section 64)., [14] however, the practical use of such powers is restricted by ...
Likewise in Australia, the High Court found in Union Steamship v King [1988] HCA 55 that the grant of power to legislate 'for peace, order/welfare and good government' was a plenary power to legislate within/for the territory. [15] [16] However, in New Zealand, those powers are not considered as unlimited. In The Trustees Executors and Agency ...
In its design, Australia's federal system was modelled closely on the American federal system.This included: enumeration of the powers of parliament (s. 51) and not those of the States, with the States being assigned a broad 'residual' power instead (s. 108); a 'supremacy' clause (s. 109); strong bicameralism, with a Senate in which the States are equally represented notwithstanding great ...