How to Write a Summary of an Article? The government is made up of the Prime Minister and his cabinet and at any time the Parliament which is just like the American Congress can remove the Government or force it to call an in which neither level can change the power of the other nor make laws that the other has rights over. For instance the President will without a doubt serve a full four years baring impeachment or assignation, but in Australia Governor-General or Prime Minister can be kicked out at anytime — The U. Constitution clearly describes the separation of powers.
Federalism in the Australian Constitution Essay - Paper Example Federalism in the Australian Constitution Essay Federalism in the Australian Constitution After gaining independence from the British, the Australia inadopted a constitution, whereby, power was to be shared between its member states and the Commonwealth or national government - Federalism in the Australian Constitution Essay introduction.
The extant laws and parliaments of the colonial era were continued in the main and only a few of the powers were appropriated by the national government.
The principal aim of the founding fathers of Australia was to perpetuate the maximum number of state powers. There has been quite some amount of discord regarding the question as to whether the federal or the state government best represented the will of the people.
It has been an oft heard refrain that the Commonwealth government ultimately supersedes over the hapless state governments and that the former is seemingly more preoccupied in establishing its supremacy rather than improving the functionality of federalism. Obviously, policy perspectives that encompass the nation as a whole are bound to scuttle any attempt at curtailing the power of the federation.
Section 96 of the Constitution ensures that financial power is centralized. From the very inception of the federal structure, the Commonwealth discovered that the extant laws made it very difficult for it to indulge in major expenditure.
This was especially so regarding social services, public works and defense. This actuated it to destabilize government finance guarantees. The states of the Australian Commonwealth were unable to curb this development and had to watch helplessly.
Several public authorities declared with impunity that the states, although, considered to be legally independent, were all the same financially restricted to adhering to the directions issued by the Commonwealth government.
To this end section 87 of the Australian Constitution, which dealt with the payment of customs and excise amounts to the states and section 94, which dealt with the distribution of federal excess funds to the states were abandoned and this resulted in the relative impecuniousness of the states.
Section 51 of the Constitution, details the areas in which legislation can be enacted by the Australian Parliament, however, the states can also make laws in these areas. Nevertheless, any law enacted by the states can be rescinded by the Parliament, by virtue of section of the Constitution.
Moreover, any federal law has precedence over state laws. In University of Wollongong v. Metwally the Australian High Court gave a broad interpretation of disparity in the relevant laws and decided that in the event of an inconsistency between the Commonwealth legislation and the state legislation, the former would prevail and the state law, to the extent of the inconsistency would be rendered invalid.
The Commonwealth had enacted legislation in respect of divorce, immigration, marriage and taxation, whereas the states had enacted laws regarding real estate transactions and the general law relating to crime. From the foregoing it is evident that the Australian Parliament is more powerful than the individual states.
Metwally 56 ALR 1. Choose Type of service.Essay on Australian Taxation Law Week 2 – Residence and Source Residents: * Section (2) ITAA97 states that assessable income includes ordinary income derived directly/indirectly from all sources, in and out of Australia, during the income year.
- The Australian Constitution Will Australia become a republic in the next twenty years. This is a difficult question to speculate on. The main area of law governing this issue is section of the Commonwealth of Australia Constitution Act (U.K). No other constitution in the world has aroused so much debate within legal circles like the Australian constitution.
Whether it is human rights or voting. The Australian Constitution And The Use Of Convention Essay 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 ” The Australian Constitution forms and moulds the political forces of our nation.1 Through making key decisions at significant moments in history, the Australian High Court has preserved the nations dynamic political and economic forces within Constitutional limits.
The Australian Constitution Essay - The Australian Constitution Will Australia become a republic in the next twenty years. This is a difficult question to speculate on.
The main area of law governing this issue is section of the Commonwealth of Australia Constitution Act (U.K).