Exclusive concurrent and residual powers. Constitutional powers 2019-02-17

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Unit 1 The Australian legal system: Topic 3 Powers of the Commonwealth and State Parliaments to make laws

exclusive concurrent and residual powers

They are powers that are not exclusive to the state or federal government, but are held by both. In this Schedule, references to incidental and supplementary matters include, without prejudice to their generality, references to: a offences; b the jurisdiction, powers, practice and procedure of courts of law; and c the acquisition and tenure of land. Traffic on Federal trunk roads. The answer comes down to the concept of concurrent powers. The Commonwealth of Australia Constitution Act How was the Australian Constitution created? For more information Copies of the Constitution are available from the Parliamentary Education Office. Subject to the provisions of this Constitution, the National Assembly may by an Act make provisions for - a the division of public revenue - i between the Federation and the States; ii among the States of the Federation; iii between the States and local government councils; iv among the local government councils in the States; and b grants or loans from and the imposition of charges upon the Consolidated Revenue Fund or any other public funds of the Federation or for the imposition of charges upon the revenue and assets of the Federation for any purpose notwithstanding that it relates to a matter with respect to which the National Assembly is not empowered to make laws.

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Division of Law

exclusive concurrent and residual powers

The third concurrent power is to establish lower courts underneath the Supreme Court. Where an Act of the National Assembly provides for the collection of tax or duty on capital gains, incomes or profit or the administration of any law by an authority of a State in accordance with paragraph 7 hereof, it shall regulate the liability of persons to such tax or duty in such manner as to ensure that such tax or duty is not levied on the same person by more than one State. This gave the Commonwealth Government exclusive powers in some areas—for example, defence, customs and excise. Expressed Enumerated Powers are powers specifically granted to the national government. The establishment and regulation of authorities for the Federation or any part thereof — a To promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution; b To identify, collect, preserve or generally look after ancient and historical monuments and records and archaeological sites and remains declared by the National Assembly to be of national significance or national importance; c to administer museums and libraries other than museums and libraries established by the Government of a state; d To regulate tourist traffic; and e To prescribe minimum standards of education at all levels. Implied with this power to tax is the ability of the national and state governments to spend money on the general welfare.

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Division of Law

exclusive concurrent and residual powers

The National Assembly may make laws for the Federation or any part thereof with respect to - a the health, safety and welfare of persons employed to work in factories, offices or other premises or in inter-State transportation and commerce including the training, supervision and qualification of such persons; b the regulation of ownership and control of business enterprises throughout the Federation for the purpose of promoting, encouraging or facilitating such ownership and control by citizens of Nigeria; c the establishment of research centres for agricultural studies; and d the establishment of institutions and bodies for the promotion or financing of industrial, commercial or agricultural projects. Even though both governments can make law on matters that fall under concurrent list, the central government is supreme. Residual powers: These law making powers are not found within the Australian constitution. The government does, however, have to compensate the person for the loss they incur. Subject as herein provided, a House of Assembly shall have power to make laws for the state with respect to the establishment of an institution for purposes of university, technological or professional education. Fourth, both states and the Federal Government have the right to define crime and set punishments.

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What are residual concurrent and exclusive powers

exclusive concurrent and residual powers

Therefore, despite family law being a concurrent law-making power, states can not legislate to contravene this. Concurrent powersare rather a collection of powers that the states and federalgovernment have in common, not shared. Interference of the regional or state governments on matters in the exclusive list can be declared null and void and unconstitutional: 1. Reserved Powers are powers that the Constitution does not give to the national government and are kept by the States As in state government. Incorporation, regulation and winding up of bodies corporate, other than co-operative societies, local government councils and bodies corporate established directly by any Law enacted by a House of Assembly of a State. Powers of the National Assembly, and the privileges and immunities of its members 48.

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Examples of Specific, Concurrent etc powers

exclusive concurrent and residual powers

Within Specific powers certain powers are exclusive. Uniformity is desirable but not essential on items in the concurrent list. If there is a conflict of interest between the states and the Federal Government, or there is an inconsistency in these laws, the federal laws prevail over the state laws s 109. Incorporation, regulation and winding up of bodies corporate, other than co-operative societies, local government councils and bodies corporate established directly by any Law enacted by a House of Assembly of a State. Mayb you could use s. The National Assembly may make laws for the Federation or any part thereof with respect to trigonometrical, cadastral and topographical surveys. In that case I would say that residual powers would just require an example eg.

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The Division of Powers

exclusive concurrent and residual powers

To keep the steady development, they must be constituted in constitution, because of its exclusive law-making powers. Mines and minerals, including oil fields, oil mining, geological surveys and natural gas. They are all the vitals of the country, these things must be controlled under the country machine clearly. The formation, annulment and dissolution of marriages other than marriages under Islamic law and Customary law including matrimonial causes relating thereto. To exercise exclusive jurisdiction over the District ofColumbia. In some constitutions, residual powers are exercised by both governments.

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What Are Examples of Exclusive Powers?

exclusive concurrent and residual powers

Shortly stated, the principle that the has laid down for determining this question in each particular case as it has arisen has been the following: As regards generally the powers granted to the National Government there is a difference between those which are of such a character that the exercise of them by the States would be, under any circumstances, inconsistent with the general theory or national polity of the Constitution, and those not of such a character. Patents, trademarks, trade or business names, industrial designs and merchandise marks. The National Assembly may make laws for the Federation with respect to the registration of voters and the procedure regulating elections to a local government council. I'm currently typing up my notes and was just wondering when it says you need to know examples of Specific, residual, concurrent and exclusive powers, do you need to know the subsections of the Constitution that they come under. These include: international and inter-State trade; foreign affairs; defence; immigration; taxation; banking; insurance; marriage and divorce; currency and weights and measures; post and telecommunications; and invalid and old age pensions. Deportation of persons who are not citizens of Nigeria 19.

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Constitutional powers

exclusive concurrent and residual powers

In brief, the Constitution establishes the form of the federal government that is, the Commonwealth, national or central government and sets out the basis for relations between the Commonwealth and the States. Maritime shipping and navigation, including - a shipping and navigation on tidal waters; b shipping and navigation on the River Niger and its affluents and on any such other inland waterway as may be designated by the National Assembly to be an international waterway or to be an inter-State waterway; c lighthouses, lightships, beacons and other provisions for the safety of shipping and navigation; d such ports as may be declared by the National Assembly to be Federal ports including the constitution and powers of port authorities for Federal ports. Any other matter with respect to which the National Assembly has power to make laws in accordance with the provisions of this Constitution. Within this structure there are four division. The National Assembly may make laws for the Federation or any part thereof with respect to statistics so far as the subject matter relates to - a any matter upon which the National Assembly has power to make laws; and b the organisation of co-ordinated scheme of statistics for the Federation or any part thereof on any matter whether or not it has power to make laws with respect thereto. Through interpretation the effect of the Constitution has been changed over the years. Elections for half the Senate take place every three years.

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