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The High Court's approach to section 51 has changed over time. Initially, the court adopted the 'Reserved Powers' doctrine, an interpretive view that the Australian States had implicitly retained competence in core areas, which were unable to be displaced by the Commonwealth even through reliance upon the powers enumerated in s51.
The Commonwealth power to legislate for marriage and 'matrimonial causes' is supported by paragraphs 51(xxi) and (xxii) of the Constitution, whereas the power to legislate for de facto financial matters relies on referrals by States to the Commonwealth in accordance with paragraph 51(xxxvii) of the Constitution.
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 ...
Although the Australian Constitution allows both States and the Commonwealth to raise revenue, subsequent political developments and judicial interpretations have limited state taxing powers and led to Australia's vertical fiscal imbalance. The Commonwealth has significantly greater revenue-raising abilities than the states, which have spending ...
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 result of the limitations on state taxing power is that the Commonwealth collects the money through taxes, and distributes that money to states. The power to distribute funds to states, on conditions, is contained in section 96. [5] As a result, the sphere of Commonwealth power has expanded through dictating policy through conditional grants.
The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches.This concept is where legislature makes the laws, the executive put the laws into operation, and the judiciary interprets the laws; all independently of each other.
Pages in category "Separation of Powers in the Australian Constitution cases" The following 7 pages are in this category, out of 7 total. This list may not reflect recent changes .