Section 109 of the Constitution of Australia
Constitution of Australia, Adrian Knox
978-613-7-91127-3
6137911276
56
2011-10-13
29,00 €
eng
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Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. In Australia, legislative power is held concurrently by the Commonwealth and the States. In the event of inconsistency between Commonwealth and State laws, section 109 of the Constitution of Australia provides that the laws of the Commonwealth shall prevail over those of a State to the extent of any inconsistency. The meaning of "invalid" in s 109 does not mean that a State law is invalid in the postitivist sense that the State Parliament lacks power to pass it. The State law, though enacted with full validity, merely ceases to operate. Hence, in order for s 109 to come into operation at all, there must be a valid State law and a valid Commonwealth law. (Carter v Egg and Egg Pulp Marketing Board (Vic)).
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