Question

Explain the distinction between Exclusive Powers, Concurrent Powers and Residual Powers, which are outlined in the Australian Constitution. Give an example of each power.

Answer 1

Distinction between Exclusive Powers, Concurrent Powers and Residual Powers:

• Exclusive power can be exercised only by the Federal parliament.so Exclusive power are ones that only the commonwealth can make laws for & the states can not.

EXAMPLE-These include areas of national concern such as immigration, defence and currency

• Concurrent power can be exercised by both ,means the states & commonwealth.If both the state & federal govt. can pass laws on the same matter,then the power is said to be concurrent.These areas are marriage, divorce and bankruptcy.concurrent power of the Commonwealth encapsulates the co-existence of state law and commonwealth law
• Residual powers are the remaining power,which stayed with the states,It means Before federation each colony had it's own set of powers.At federation some of these powers were handed over to the commonwealth,& the remaining power which stayed with the states are known as residual power.  These areas of law making include education, criminal laws and health.Residual powers reside with the states to legislate (all powers which are not mentioned in the constitution)

Example of each power:

Exclusive Powers

The right to

• declare war
• maintain armed forces
• coin money
• establish and maintain the postal system, federal courts

Concurrent power

• marriage
• divorce
• taxation
• telegraphic, telephonic ,postal
• commerce with other countries

Residual powers

• education
• housing
• law and order
• commerce and industry
• development
• primary production
• transport