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legal studies - assignment help! (1 Viewer)

tiff-harvey

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how are powers divided and separated in Australia's system of government?
 

jeff.wong

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Power divided between Federal and State government - Division of power

-Exclusive power: Commonwealth power
-Concurrent power: Power shared by both Commonwealth and State
-Residue power: Power left over for State

Under S109 of constitution, Federal laws always prevails over State laws where it is inconsistent.

Power is also separated into three strands - Separation of power

-Legislature: those who make the law
-Executive: those who put laws into action
-Judiciary: those who apply the law

In reality the legislature and executive is overlapped in Australia and the Judiciary is really the only independent strand of power.
 

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