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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 ...
The Australian Constitution confers legislative power to the Commonwealth over marriage (Section 51(xxi)) and matrimonial causes (Section 51xxii)). The Australian Commonwealth created the Family Court of Australia as a specialist court dealing with divorce, including custody of children. However, the custody of children born outside of a ...
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 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 ...
Because of the wide scope of the external affairs power, section 51(xxx) has remained largely unused, though it was considered in Ruhani v Director of Police [2] (a case which dealt with the High Court of Australia's ability to hear appeals from the Supreme Court of Nauru) and was held obiter as being "conferred for reasons entirely unrelated to judicial power".
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 .
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 ...