Commonwealth Constitution In Australia

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Introduction. The Commonwealth of Australia Constitution Act was enacted into force in 1901.
This Constitution fabricates a federal government system for Australia, making it a federation. It sees its political powers partitioned by a central i.e. Federal government and several state ones, with each government containing its own parliament as the ruling body. In addition to the Commonwealth of Australia Constitution Act, which acts as the federal governments set of laws, the six states, what the - Western Australia, South Australia, Queensland, New South Wales, Victoria or Tasmania, must also abide to a state-level body of laws, set upon by a state constitution act, that is separate to that of the Commonwealth Constitution. The states, …show more content…

To the individual and for most of modern Australian history, the state parliaments has a wider, more embracive power, for they cover more fundamental aspects of the law, such as health, education, organization of local governments, command transport and traffic networks, as well as managing local law-enforcement. The Federal parliament focuses on Australia as an entity, for it is what the states are comprised of as a whole, and thus focus on fixed subjects that keep the amalgamation of the states in good order, matters such as customs and border control, international affairs, country defense and also interstate trade. Al though the federal parliament has limited powers, and might not influence the individual in a tangible way as much as the state parliament would, the federal parliaments constitution, due to case law and constitutional interpretation …show more content…

For Britain did not have to purchase land nor take over it by conquest - two outcomes that would hold economical penalties to the crown. Also another settlement owned by the empire contributes to the common good of the British Empire, this colony would be of economic advantage to the British empire, having just lost America. Though many years later, a landmark example of case law sees the doctrine of terra nullius in Australia overturned by the High Court, which is the highest court in Australia . The case concerned the late Eddie Mabo, an indigenous Australian commence legal proceedings against the state of Queensland, in order for the law to recognize native title for Aboriginals and their land. The outcome of Mabo v Queensland saw the doctrine of terra nullius rejected by the High Court, who also overruled repealed the Milirrpum v Nabalco Pty Ltd, (1971) 17 FLR 141. The following year, parliament bypassed the native title act 1993, which allows indigenous Australians to apply to the federal court to

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