LAW3470 Study Guide - Final Guide: William Deane, Limited Government, Extraterritoriality
Document Summary
Commonwealth has defined powers that are usually concurrent with the states, but also financial + exclusive powers in certain areas. Where there is an inconsistency between state and commonwealth legislation, the commonwealth prevails (s 109) 1788: penal colony where english law displaced the law and the land of the original people, absolute rule by governor. 1823: supreme courts of nsw and tasmania. 1842: legislative council established in nsw, 24 elected and 12 nominated. 1850s australian constitutions act 1850 (imp: framework for local constitution-making. Customs tariffs were an issue at colonial borders. There was also a fear of common enemies in pacific and asia. Canada and uk both provided models of westminster federation. But they both gave too much power to central govt and didn"t recognise rights of states (with uk being a unitary govt) The us offered best solution of federation, separating powers at state and federal level.
