Law-making by parliaments and delegated legislation

The Constitution
The constitution sets out the
guidelines and principles for how a
particular state or country is
governed.

It also lays down the power and

authority of the government and
parliament.
 Law-making powers
The constitution established a division of power.
The Federal or commonwealth Government
looks after issues in the national interest.

The State Government looks after important

state issues.

These federal and state powers fall into four

categories specific, exclusive, concurrent
and residual.
 Specific Powers
The power of the Commonwealth
parliament to make laws is limited
to matters that are specifically
mentioned in the constitution.

These include laws about foreign

trade and defence
 Exclusive Powers
Some of the powers listed in the
constitution can only be used by
the Commonwealth Parliament.

These exclusive law-making

powers include printing money ,
defence and immigration
 Concurrent Powers
Some of the powers listed in the
constitution are shared by the
Commonwealth and State
Government.

Where there is inconsistency,

commonwealth law will prevail.
Example - Taxation
 Residual Power
After federation each state maintained
its own constitution.
Any power not specifically given to the
Commonwealth Parliament remained a
State power.
These residual powers include criminal
and civil law, health and education
 Delegated Law-making
When the parliament does not have the time,
expertise or local knowledge to make laws, they
can delegate the power to subordinate bodies.

The parliament will pass an Act giving other

bodies the power to make rules and regulations.

These rules and regulations are called

delegated legislation
Commonwealth subordinate
bodies.
The Federal Executive council (made
up of the Governor General and 2-5
Ministers)

Federal government departments

(Tax Office)

Federal Statutory authorities

(Australia Post)
 State subordinate bodies
The State Executive council (made up of
the Governor and a panel of Ministers)

State Government departments

(Department of Health)

State Statutory authorities (Work Safe)

Local Council