The Difference Between Concurrent and Exclusive Legislative Power

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The Difference between Concurrent and Exclusive Legislative Power 1000 Words The British settled in Australia in 1788 , and according to the “then powerful Privy Council” (United Kingdom, Parliament and Constitution Centre. 2005) a place that has no law, the Terra Nullius or “Empty Land” doctrine applied. This apparent absence of law, invoked British Law on all that lived in Australia upon British settlement in 1788. The purpose of this research paper is to fully explain the legislative power provided by the Commonwealth and State Constitutions while describing the constitutional mechanism that support a resolution when inconsistencies arise. To do this effectively, it is necessary to understand how the constitutions were endorsed and under what influence it developed. * Post settlement, Australia had isolated, yet vibrant, social and economic activity which increasingly required a more progressive governmental authority. On request, the British Parliament passed “The Australian Colonies and Government Act (1850) (Hunter-Schulz, Tina, 2005) which gave the Colonies of Australia the legislative power to create constitutions and self govern based on the British Westminster governmental framework. The British Government retained paramount power, maintaining overall authority for all Colonies. * * The Westminster Framework ensures a separation of power where a single authority does not exercise all major functions of government (McMill, Winston, 1979). Westminster governments comprises of 3 institutions, the Executive, a Bicameral Parliament and a Judiciary which enforces parliamentary Laws. * The self-governed Colonies operated with inefficient trade tariffs and increasing security concerns. Initially hesitant to relinquish control, all Colonies agreed to join through a federation for the specific purposes that serve their common

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