12 Questions
Under Section 109 of the Constitution, what happens to state law provisions that are inconsistent with Commonwealth law?
They are invalid and unenforceable.
What is the effect of Section 109 on state parliaments?
It restricts their power to pass laws in areas where a Commonwealth law exists.
How does Section 109 operate?
It operates when a potentially inconsistent law is challenged in court.
What happens if a Commonwealth law is changed in the future?
The state law would be in force and have effect.
Which of the following is an effect of Section 109?
Only the inconsistent state law provisions are invalid.
What is the purpose of Section 109 of the Constitution?
To resolve conflicts and inconsistencies between state and Commonwealth laws.
What happens to the entire state law when a provision is found to be inconsistent with a Commonwealth law under Section 109?
Only the provision that is inconsistent with the Commonwealth law is invalid, not the entire state law.
Why might state parliaments be cautious when passing laws in areas where a Commonwealth law already exists?
They may be cautious because they recognize that their law may be inconsistent with the Commonwealth law and therefore invalid.
What is required for Section 109 to be triggered, and for a state law to be declared invalid?
A potentially inconsistent law needs to be challenged in court, and the court will determine whether the laws are inconsistent.
What is the significance of Section 109 in relation to the balance of power between state and Commonwealth governments?
It acts as a restriction on state parliaments, limiting their ability to pass laws that are inconsistent with Commonwealth laws.
Can a state law that was previously invalid due to inconsistency with a Commonwealth law become valid again?
Yes, if the Commonwealth law is changed in the future, the state law would be in force and have effect.
What is the primary goal of Section 109 in resolving conflicts between state and Commonwealth laws?
To resolve conflicts and inconsistencies between state and Commonwealth laws.
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.
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.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
