Term Papers on LEGAL STUDIES SPEECH

Term Paper Title	LEGAL STUDIES SPEECH
# of Words	1011
# of Pages (250 words per page double spaced)	4.04

LEGAL STUDIES SPEECH

Good morning teachers and fellow legal studies students. My aim today is to inform and to help you understand the Constitution of Australia and its functions.
When we all hear the word constitution probably the first thought that enters our mind is “ What the hell is a constitution”
To answer that question a constitution is simply a body of rules or practices setting out the way in which an organization is to be governed.
In the sense of Australia’s constitution it sets out the structure of the federal government. Our constitution has many functions but can be summed up into 3 main major functions. Theses are:
1 The constitution divides the powers between federal and state governments
2 It determines inconsistency of laws AND
3 It deals and explains the separation of powers among legislature, executive and judiciary

The division of power between federal and state governments simply means that the constitution shows what the federal
government can and cannot do. These powers are written and stated in sections 51 and 114 of the Australian Constitution.
(Show the overhead and explain exclusive and concurrent powers)
Here in the overhead is a copy of section 51 of the Australian Constitution. In this section it mainly has the powers of the Federal Government.
The powers in this section are concurrent. This means that the state and federal governments both have power in this section of the law. An example of a concurrent power would be tax.
BUT when there is clash between the two governments, this happens when both governments  want to legislate in the same area of law, and both have opposing laws the federal or commonwealth law will or should most of the time prevail.
This will be explained further as this is also one of the constitution’s functions
In section 114 of the constitution it states the exclusive powers of the federal government.
An exclusive power of the government is a power that only the federal government can legislate on. An example of an exclusive power would be Imports and Exports.
The 2nd function of the constitution is that it determines inconsistency of laws. This “Inconsistency of laws” is shown in section 109 of the constitution, which writes,
“Where a law of the state is inconsistent with the law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid”. I bet you just then, you didn’t understand one word I said,
What I said just means that if the state and federal government choose to legislate or make a law on the same matter, the two governments end up clashing. And as a result the federal governments law will or should pass and the state law won’t.

For example if the state government wanted to legislate a law stating that everyone had to drive on the left hand side of the road, and the federal government wanted to also legislate a law stating that everyone ...

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