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Unit 3 AOS 2 - The Constitution and the Protection of Rights
Legal Studies
16 Pages • Topic Notes • Year: Pre-2021
The following notes encompass these study design points: • The division of law-making power between state and Commonwealth parliaments under the Commonwealth Constitution, including specific (concurrent and exclusive) and residual powers, and the impact of Section 109 • Restrictions imposed by the Commonwealth Constitution on the law-making powers of the state and Commonwealth parliaments • The process of change by referendum under Section 128 of the Commonwealth Constitution and factors affecting its likely success • The way in which one successful referendum changed the division of law-making powers • The role of the High Court in interpreting the Commonwealth Constitution • The significance of two High Court cases involving the interpretation of the Commonwealth Constitution in terms of their impact on the law-making power of the state and Commonwealth parliaments • The capacity of the states to refer law-making power to the Commonwealth Parliament
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