LAW314 Lecture 5 - 3 [OH4] What makes a system federal?...

Info iconThis preview shows pages 1–6. Sign up to view the full content.

View Full Document Right Arrow Icon
[OH1] LAW314 2010 LECTURE 5 (08.03.10) Associate Professor Iain Stewart Australian Federalism Introduction 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
[OH2] Federalism in the typology of constitutions 1. Constitution / constitutional law 2. Formal / substantive 3. Written / unwritten 4. Political type a. Rule by one b. Rule by a few c. Rule by many d. Rule by all (types or subtypes can also be combined) 5. Rights based / not rights based 6. Real / façade 7. Rigid / flexible 8. Unitary / federal 2
Background image of page 2
[OH3] The Australian constitutional arrangement is: 1. both constitutions and constitutional law 2. written, as to the constitutions and as to all or almost all of the constitutional law 3. both monarchical and democratic 4. not rights based 5. real, not a façade (but partly just because it is not rights based) 6. relatively rigid 7. federal
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Background image of page 4
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Background image of page 6
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: 3 [OH4] What makes a system federal? Federal division of powers Federal balance or, rather, federal pattern Federal division of powers / devolution 4 [OH5] Why be federal? 1. large regional cultural differences 2. a correspondence between those differences and the distribution of regions Weaknesses of a federal system from the point of view of efficiency 1. Legal efficiency 2. Safety. 3. Crime control 4. Big economic players can play the regions off against each other 5 [OH6] Constitution s 109 Inconsistency of laws. 109. When a law of a 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. 6...
View Full Document

This note was uploaded on 05/26/2010 for the course ECON 1160 taught by Professor Byrke during the Spring '10 term at Macomb Community College.

Page1 / 6

LAW314 Lecture 5 - 3 [OH4] What makes a system federal?...

This preview shows document pages 1 - 6. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online