The Commonwealth Of Australia Constitution Act - 2313 Words

Introduction In order to know whether or not the Justice Knows No Walls Reform Act (â€Å"the Act†) can be constitutionally applied to the States. We need to consider if the Act will interfere or restrict the States power over prisons. In Queensland there is already a legislation that protects the rights of prisoners this is the Queensland Corrective Services Act 2006 (QCAct). The Commonwealth of Australia Constitution Act (Constitution) has to support the implementation of the Act and/or its purpose without affecting the rights of the State law, what also needs to be taken into consideration is the nature of the ri7lghts, duties, powers and privileges which it changes, regulates or abolishes Fairfax v Federal Commissioner of Taxation (1965) 114 CLR 1. The States are allowed to make laws that are required within their state. The Constitution left most of the other law-making powers to the states so they are able to define the Federal laws. If a specific area of law falls within the States Powers and the Federal Government wish to make laws concerning any of the States area of expertise, the Federal Government needs to have an agreement with the States. State laws relate to matters that are mainly of state interest such schools; hospitals; roads and railways; public transport; utilities such as electricity and water supply; mining and agriculture; forests; community services; consumer affairs; police; prisons; ambulance services. There are some area’s which the FederalShow MoreRelatedThe Division Of Law-making Powers In Australia1258 Words   |  4 PagesAustralia s Federal System is dynamic and the division of lawmaking power between the Commonwealth and State since 1901 has changed dramatically; Critically discuss, focussi ng on the major reasons for those changes. On the first of January 1901 Australia became a federation when the Commonwealth of Australia Constitution Act came into force. Since this time, Australia has been a federated country, consisting of a Commonwealth Parliament and six State Parliaments these being Tasmania, Victoria,Read MoreRule of Law in the Constitution1448 Words   |  6 PagesIntroduction A ‘free society’ is a system of interaction between humans wherein every person can participate in a civilised manner and without discrimination. In Australia, the Commonwealth of Australia Constitution Act 1900 (Imp) is the primary source by which society operates as an essentially free society. This paper seeks to establish that the functioning of such a society is dependent upon the existence of a legal framework supporting the rule of law, which is ultimately, an ideology. Read MoreThe High Court of Australia1227 Words   |  5 PagesCourt of Australia is apart of the Federal Court hierarchy, sitting above the Victorian hierarchy. The High Court is the most prestigious court in Australia and can be found in the ACT. 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Residual powers are those powers that the states have in areas such as, health, transport and policing, concurrent powers are those shared between the commonwealth government and state governments. Areas such as Medicare funding .The Exclusive powers are those powers granted only to the Commonwealth of Australia parliamentRead MoreAustralia s Constitutional Democracy And The Federal System1750 Words   |  7 Pagesthis essay, a comparison of both Australia’s constitutional democracy and the federal republic system in the United States will take place. Australia and the United States are both a part of the federal system. Within the federal system, the national and state governments divide the power in order to govern (Parliamentary Education Office, 2016). Both Australia and the United States have two chambers, the House of Representatives and the Senate. Parliament Education office, (2016) states that thereRead More The Australian Constitution And The Use Of Convention Essay1414 Words   |  6 Pages The Constitution of Australia is a written document, which came into effect when the six colonies federated to form the Commonwealth of Australia in 1901. It consists of eight chapters and 128 sections and lays down a set of laws or restraints by which the Federal Government must operate. It establishes the composition, procedures, functions, and powers of government, government authorities, such as the Governor General and other essential institutions. The Constitution is the basic framework forRead MoreAustralia s Present Laws Regulating Human Rights1547 Words   |  7 PagesIn Australia, present laws regulating human rights are protected in unlike most similar liberal democracies; Australia has no Bill of Rights to protect human rights in a single document. Rather rights may be found across the Constitution, common law and legislation – Acts passed by the Commonwealth Parliament or State or Territory Parliaments. This allows legislatures and judiciaries a complementary role in protecting rights. This is the most fluid and flexible system but the least secure in termsRead MoreThe Power Of Independent Governance1629 Words   |  7 Pagestreaties with Australia as subservient to Britain on the international stage an d there onwards has increased in width mirroring Australia’s growing independence from the United Kingdom, transitioning from a cluster of colonies into a fully sovereign State after which tethering itself on to the international community. Years after federation, the many decades have matured the Constitution, Chief Justice Barwick aptly made an apt retrospective analyses â€Å"Whilst the new Commonwealth was upon its creation