Did the Commonwealth constitution section 71 create federal court of Australia?

Is there a Supreme Court in Australia?

Yes, our supreme court is called the High Court of Australia. Section 72 of the Australian constitution actually says something along the lines of "The judicial power of the commonwealth shall be vested in a federal supreme court, to be called the high court of australia"

What is Australia's Supreme Court?

Australias highest court is called the High Court of Australia. As an aside, the section of the constitution that establishes the High Court actually says something like (pretty close, but wording from memory, its section 71 if you want to look it up) "The judicial power of the commonwealth shall be vested in a federal supreme court, to be called the High Court of Australia ..."

What is the function of section 109 in the Australian constitution?

The function of Section 109 in the Australian Constitution is to prevent any inconsistencies within the law in areas of concurrent power (power shared by both the Commonwealth and States). In any areas of which the Commonwealth and State both legislate, the Commonwealth law shall prevail to the extent of the inconsistency, as it is the supreme law-making body within Australia. Overall this stops disputes from arising and maintains uniform throughout Australia.

How did Federation affect Australia's links with England?

Not very much at all -- Australia ( the Commonwealth of Australia ) was still considered to have a ' Colonial status ' . That is the six separate colonies that were in Australia prior to ' Federation ' became the ' States of ' the Commonwealth of Australia and the Commonwealth itself became ' the Colony ' . Section 8 of the Constitution Act ( of which the Australian Constitution is Section 9 ) states that it is the Commonwealth that is to be the ' Colony ' . The lawyers Quick and Garran who helped write the Australian Constitution described Australia's Parliament as a ' Colonial legislature ' The British Parliament could ( if it had wanted to ) pass laws that would override Australian Law . That made the British Parliament still Sovereign over Australia . However it was the policy of the British Parliament not to do so without consulting the Australian Parliament first . It should be noted that at Federation all people living in Australia were and remained long after - British subjects .

What is meant the the division of power in the Australian Constitution?

Main article: Federalism in Australia The Constitution sets up the Commonwealth of Australia as a federal polity, with enumerated limited specific powers conferred on the Federal Parliament. The State Parliaments are not assigned specific enumerated powers; rather the powers of their predecessor colonial Parliaments are continued except insofar as they are expressly withdrawn or vested exclusively in the Federal Parliament by the Constitution. An alternative model, the Canadian, in which it is the regional (State) units who are assigned a list of enumerated powers, was rejected by the framers. The bulk of enumerated powers are contained in section 51 and section 52. Section 52 powers are 'exclusive' to the Commonwealth (although some section 51 powers are in practice necessarily exclusive, such as the power with respect to borrowing money on the public credit of the Commonwealth in paragraph (iv), and the power to legislate with respect to matters referred to the Commonwealth by a State in paragraph (xxxvii)). By contrast, the subjects in section 51 can be legislated on by both state and Commonwealth parliaments. However, in the event of inconsistency or an intention by the Commonwealth to cover the field the Commonwealth law prevails by section 109. Both concurrent (section 51) and exclusive (section 52) powers are stated to be "subject to this Constitution". As a result, the Commonwealth's law-making power is subject to the limitations and guarantees in the Constitution (both express and implied). For example, section 99 forbids the Commonwealth from giving preference to any State or part of a State "by any law or regulation of trade, commerce, or revenue". And as discussed below, an implied guarantee of freedom of political communication has been held to limit the Commonwealth's power to regulate political discourse. The list of powers assigned to the Federal Parliament is quite similar to that assigned by the United States Constitution to the Congress, but is in some respects broader: for instance, it includes "astronomical and meteorological observations", marriage and divorce, and interstate industrial relations. The interpretation of similar heads of power - for instance the Trade and Commerce Power in Australia and the Commerce Clause in the US - has in some cases been different. The constitution also provides some opportunities for Federal-State co-operation: any State can "refer" a "matter" to the Commonwealth Parliament, and the Commonwealth Parliament can exercise, "at the request or with the concurrence of the Parliaments of all the States directly concerned", any power which, at the time of Federation, could be exercised only by the British Parliament. (Source Wikipedia)

What does section 51 of the Australian Constitution allow the parliament to do?

Section 51 of the Constitution provides that the Commonwealth Parliament has power ‘to make laws for the peace order and good government of the Commonwealth with respect to’ an enumerated list of topics.

What is the Australian constitution?

The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia. The Constitution was approved in referendums held over 1898--1900 by the people of the Australian colonies, and the approved draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 (Imp), an Act of the Parliament of the United Kingdom.Royal Assent was given by Queen Victoria on 9 July 1900, upon which date the Constitution became law. It came into force on 1 January 1901 by virtue of a proclamation issued by Queen Victoria on 17 September 1900, which Her Majesty was empowered to do under section 3 of the Commonwealth of Australia Constitution Act 1900 (Imp). Even though the Constitution was originally given legal force by an Act of the United Kingdom parliament, the Australia Act 1986 removed the power of the United Kingdom parliament to change the Constitution as in force in Australia, and the Constitution can now only be changed in accordance with the prescribed referendum procedures.Other pieces of legislation have constitutional significance for Australia. These are the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act 1986, which was passed in equivalent forms by the Parliaments of every Australian state, the United Kingdom, and the Australian Federal Parliament. The Statute of Westminster Adoption Act made Australia a de jure independent nation (though it had been de facto independent for some years before then), while the Australia Act severed the last remaining constitutional links between Australia and the United Kingdom. Even though the same person, Queen Elizabeth II, is the monarch of both countries, she acts in a distinct capacity as monarch of each.[1]Under Australia's common law system, the High Court of Australia and the Federal Court of Australia have the authority to interpret constitutional provisions.[2] Their decisions determine the interpretation and application of the constitution.

When was the Australian constitution drawn up?

Hello, The Annotated Constitution of The Australian Commonwealth By Quick and Garran. I believe to be aaccurate listing of the Australian Constitution. Its 1008 Pages tells it all. It's very intense and some 11 years of effort was put forward by a lot of people. Pages 253 to 261 lists most participants in its compilation. Any good Library should carry a copy. Regards, Peter.

What does the Australian Constitution forbid states from doing?

The Constitution promotes a concept known as the 'Division of Powers' which essentially divides certain powers between the Commonwealth and state governments, and some powers are shared between them both. Those powers stated under section 51 are Commonwealth powers/matters, and those omitted are State matters. Answering the question... The Constitution forbids States from implementing legislation that is primarily Commonwealth (or Federal) responsibility.

What is the meaning concurrent power in sec 51 of constitution in Australia?

Concurrent power means that both the commonwealth and the states can legislate on the same issue. Although its worth mentioning that section 109 says that where they both have legislated on the same specific issue, the commonwealth legislation is supreme.

Implied powers of the Federal Government are justified in what section of the Constitution?

article one, section 8

What gives the commonwealth parliament its power to make laws about marriage?

The power comes from section 51 of the Australian Constitution, which explicitly gives the commonwealth the power to legislate in that area.