Constitution Section 109: Resolving State and Commonwealth Law Conflicts
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Questions and Answers

Under Section 109 of the Constitution, what happens to state law provisions that are inconsistent with Commonwealth law?

  • They prevail over the Commonwealth law.
  • They remain valid, but unenforceable.
  • They are sent back to the state parliament for revision.
  • They are invalid and unenforceable. (correct)

    • What is the effect of Section 109 on state parliaments?

  • It has no effect on their power to pass laws.
  • It grants them more power to pass laws.
  • It restricts their power to pass laws in areas where a Commonwealth law exists. (correct)
  • It completely denies them power to pass laws.

    • How does Section 109 operate?

  • It requires state parliaments to obtain permission from the Commonwealth before passing a law.
  • It is only applied in cases where the Commonwealth and state laws are identical.
  • It automatically invalidates state laws that are inconsistent with Commonwealth laws.
  • It operates when a potentially inconsistent law is challenged in court. (correct)

    • What happens if a Commonwealth law is changed in the future?

    <p>The state law would be in force and have effect.</p> Signup and view all the answers

    Which of the following is an effect of Section 109?

    <p>Only the inconsistent state law provisions are invalid.</p> Signup and view all the answers

    What is the purpose of Section 109 of the Constitution?

    <p>To resolve conflicts and inconsistencies between state and Commonwealth laws.</p> Signup and view all the answers

    What happens to the entire state law when a provision is found to be inconsistent with a Commonwealth law under Section 109?

    <p>Only the provision that is inconsistent with the Commonwealth law is invalid, not the entire state law.</p> Signup and view all the answers

    Why might state parliaments be cautious when passing laws in areas where a Commonwealth law already exists?

    <p>They may be cautious because they recognize that their law may be inconsistent with the Commonwealth law and therefore invalid.</p> Signup and view all the answers

    What is required for Section 109 to be triggered, and for a state law to be declared invalid?

    <p>A potentially inconsistent law needs to be challenged in court, and the court will determine whether the laws are inconsistent.</p> Signup and view all the answers

    What is the significance of Section 109 in relation to the balance of power between state and Commonwealth governments?

    <p>It acts as a restriction on state parliaments, limiting their ability to pass laws that are inconsistent with Commonwealth laws.</p> Signup and view all the answers

    Can a state law that was previously invalid due to inconsistency with a Commonwealth law become valid again?

    <p>Yes, if the Commonwealth law is changed in the future, the state law would be in force and have effect.</p> Signup and view all the answers

    What is the primary goal of Section 109 in resolving conflicts between state and Commonwealth laws?

    <p>To resolve conflicts and inconsistencies between state and Commonwealth laws.</p> Signup and view all the answers

    Study Notes

    Section 109 of the Australian Constitution

    • Resolves conflicts and inconsistencies between state and Commonwealth laws.
    • In cases of conflict, the Commonwealth law will prevail to the extent of the inconsistency.
    • State law provisions that are inconsistent with the Commonwealth law will be invalid and unenforceable.
    • Only the provisions that are inconsistent with Commonwealth law are invalid, not the entire state law.

    Significance of Section 109

    • Acts as a restriction on state parliaments, limiting their power to pass laws.
    • State parliaments may recognize that they cannot pass laws in areas where a Commonwealth law already exists.
    • Section 109 does not automatically operate, and a potentially inconsistent law needs to be challenged in court.
    • The court will determine whether the laws are inconsistent.
    • If the Commonwealth law is changed in the future, the state law would be in force and have effect.

    Section 109 of the Australian Constitution

    • Resolves conflicts and inconsistencies between state and Commonwealth laws.
    • In cases of conflict, the Commonwealth law will prevail to the extent of the inconsistency.
    • State law provisions that are inconsistent with the Commonwealth law will be invalid and unenforceable.
    • Only the provisions that are inconsistent with Commonwealth law are invalid, not the entire state law.

    Significance of Section 109

    • Acts as a restriction on state parliaments, limiting their power to pass laws.
    • State parliaments may recognize that they cannot pass laws in areas where a Commonwealth law already exists.
    • Section 109 does not automatically operate, and a potentially inconsistent law needs to be challenged in court.
    • The court will determine whether the laws are inconsistent.
    • If the Commonwealth law is changed in the future, the state law would be in force and have effect.

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    Description

    This quiz covers the basics of Section 109 of the Constitution, which resolves conflicts between state and Commonwealth laws. Learn how Commonwealth law prevails in cases of inconsistency.

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