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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?
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?
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?
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?
What happens if a Commonwealth law is changed in the future?
Which of the following is an effect of Section 109?
Which of the following is an effect of Section 109?
What is the purpose of Section 109 of the Constitution?
What is the purpose of Section 109 of the Constitution?
What happens to the entire state law when a provision is found to be inconsistent with a Commonwealth law under Section 109?
What happens to the entire state law when a provision is found to be inconsistent with a Commonwealth law under Section 109?
Why might state parliaments be cautious when passing laws in areas where a Commonwealth law already exists?
Why might state parliaments be cautious when passing laws in areas where a Commonwealth law already exists?
What is required for Section 109 to be triggered, and for a state law to be declared invalid?
What is required for Section 109 to be triggered, and for a state law to be declared invalid?
What is the significance of Section 109 in relation to the balance of power between state and Commonwealth governments?
What is the significance of Section 109 in relation to the balance of power between state and Commonwealth governments?
Can a state law that was previously invalid due to inconsistency with a Commonwealth law become valid again?
Can a state law that was previously invalid due to inconsistency with a Commonwealth law become valid again?
What is the primary goal of Section 109 in resolving conflicts between state and Commonwealth laws?
What is the primary goal of Section 109 in resolving conflicts 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.
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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.
