Does section 109 apply to territories?

Laws which have “no effect” are still laws, but cannot be used – whereas a law found invalid under Section 109 of the Australian Constitution is invalid and no longer a law. Territories no longer have the power to make laws to allow euthanasia.

What happens when a state law conflicts with a Commonwealth law?

Section 109 of the Constitution says that when a federal law is inconsistent with (or conflicts with) a state law, the Commonwealth law will prevail, and the state law will be invalid. However, the conflicting state law will only be invalid to the extent of the inconsistency.

What does section 115 of the Australian Constitution mean?

Section 115 of the Constitution establishes “a state shall not coin money, nor make anything but gold or silver coin a legal tender in the payment of debts”. This section effectively makes the concurrent power in section 51(xii) exclusive to the Commonwealth.

What is Section 107 of the Australian Constitution?

Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of …

Why is Section 109 of the constitution important?

S-ection 109 of the Constitution provides: When a law of the State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. This section is the cutting edge of Commonwealth supremacy under the Constitution.

Is the prime minister mentioned in the Constitution?

Although the Prime Minister and Cabinet are not directly mentioned in the Constitution, their respective roles have grown in stature since federation. According to convention, the Prime Minister is always a member of the House of Representatives.

Can the Australian Constitution be overridden?

The Constitution of Australia has a special status—it cannot be changed in the same way as other laws can be changed and it is a supreme law, that is, it overrides other laws.

Why is Section 109 of the Constitution important?

What is Section 108 of the Constitution?

States may surrender territory. The Parliament of a State may surrender any part of the State to the Commonwealth; and upon such surrender, and the acceptance thereof by the Commonwealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth.

What does section 106 of the Australian Constitution mean?

Section 106 provides – “The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.”

What does the Australian Constitution say?

The Constitution establishes the composition of the Australian Parliament, describes how Parliament works and what powers it has. It also outlines how the federal and state Parliaments share power, and the roles of the executive government and the High Court of Australia . It took effect on 1 January 1901.

Does each State have its own Constitution Australia?

Australia is a federation of states which each have their own constitution, government and laws. The Australian Constitution originated as an agreement under which the former colonies came together as states in a federation.