Enumerated Powers in Australian Constitution
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Questions and Answers

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

  • Section 52
  • Section 90
  • Section 51 (correct)
  • Section 122
  • What type of powers are explicitly listed in the Constitution itself?

  • Concurrent powers
  • Residual powers
  • Enumerated powers (correct)
  • General 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(xii)
  • Section 51(xxxix) (correct)
  • Section 51(xxix)
  • Section 109
  • Which type of Commonwealth powers are exclusive, according to the text?

    <p>Defence</p> Signup and view all the answers

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

    <p>Incidental power</p> Signup and view all the answers

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

    <p>Burton v Honan (1952)</p> Signup and view all the answers

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

    <p>'Implied incidental power'</p> Signup and view all the answers

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

    <p>'Cunliffe (1994)'</p> Signup and view all the answers

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

    <p>Enumerated powers</p> Signup and view all the answers

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

    <p>Section 90</p> Signup and view all the answers

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

    <p>Defence powers</p> Signup and view all the answers

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

    <p>Implied incidental power</p> Signup and view all the answers

    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?

    <p>Section 51(xxxix)</p> Signup and view all the answers

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

    <p>Incidental powers</p> Signup and view all the answers

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

    <p>External affairs</p> Signup and view all the answers

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