Enumerated Powers in Australian Constitution

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15 Questions

Which section of the Constitution explicitly lists the powers granted to the Commonwealth Parliament?

Section 51

What type of powers are explicitly listed in the Constitution itself?

Enumerated powers

Which section of the Constitution grants the Commonwealth power to legislate on matters incidental to the execution of any power vested in the Parliament?

Section 51(xxxix)

Which type of Commonwealth powers are exclusive, according to the text?

Defence

What is the term for the power each House of Parliament contains to give effect to the main purpose of a power?

Incidental power

'On exercise of incidental powers HC has held the question is largely one of degree' refers to a case involving:

Burton v Honan (1952)

'Notion of concurrent legislative powers highlighted by s 109' indicates:

'Implied incidental power'

'Incidental aspect of power can't be separated from core of power' is a principle established in which case?

'Cunliffe (1994)'

What is the term used to describe Commonwealth Parliament's power to legislate because the powers are explicitly listed in the Constitution itself?

Enumerated powers

Which section of the Constitution grants the Commonwealth the power to make laws 'for the peace, order, and good government' of a State?

Section 90

In the Commonwealth, which type of powers are characterized as exclusive?

Defence powers

What is the principle known as when each House of Parliament contains the power to give effect to the main purpose of a power?

Implied incidental power

Which section of the Constitution grants the Commonwealth the ability to legislate on matters incidental to the execution of any power vested in the Parliament?

Section 51(xxxix)

'The question is largely one of degree' refers to the exercise of what type of powers according to HC in Burton v Honan (1952)?

Incidental powers

What does s 51(xxix) refer to according to the text?

External affairs

Learn about the enumerated powers of the Commonwealth Parliament in the Australian Constitution. Explore where legislative powers are primarily located and how states maintain residual legislative power.

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