Australian Constitutional Law Exam Step-By-Step Guide

Description

Commonwealth Powers: 1. Corporations Power - Commonwealth’s power to regulate corporations under s 51(xx) of the Australian Constitution. 2. External Affairs Power - Commonwealth’s power to enter treaties and legislate on matters of international concern under s 51(xxix). 3. Defence Power - Commonwealth’s ability to legislate for national defence under s 51(vi). Implied Immunities: • Commonwealth's Immunity: The Commonwealth’s immunity from state legislation or interference, reinforcing the supremacy of Commonwealth laws in certain areas. • Commonwealth binding the states: The limits and extent of Commonwealth powers over state governments. States' Plenary Power: • Section 5 of the Constitution Act 1934 (SA): The full legislative power vested in the South Australian Parliament. • Sections 106-107 of the Australian Constitution: Saving provisions, preserving state constitutions and powers unless altered by the Commonwealth Constitution. Implied Immunities (State's Perspective): • State's Ability to Bind the Commonwealth: The idea that state laws cannot bind the Commonwealth unless explicitly provided. • Section 90: Excise: Commonwealth’s exclusive power over duties of excise, preventing states from imposing such taxes. • Section 109: Where state laws conflict with Commonwealth laws, the latter prevails, rendering state laws inoperative to the extent of the inconsistency (but not invalid). Commonwealth & State Interactions: • Implied Freedom of Political Communication: The implied constitutional right to free political communication, especially in Commonwealth-state relations. • Section 92: Guarantees freedom of interstate trade, commerce, and intercourse, ensuring the free flow of goods, services, and movement across state borders. These notes provide a solid framework to approach exam questions or assignments focused on constitutional law. Be sure to supplement them with key cases that illustrate how these powers and principles have been interpreted by courts.