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Section 109 of the Constitution of Australia information


Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the paramountcy doctrine in Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others.

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Section 109 of the Constitution of Australia

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Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal...

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Constitution of Australia

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The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It...

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Australian legal system

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The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and...

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High Court of Australia

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matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the Judiciary Act 1903...

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Supremacy Clause

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Proper Clause States' rights Section 109 of the Constitution of Australia – analogous section of the Constitution of Australia Paramountcy (Canada) – analogous...

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State constitutions in Australia

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state governments in Australia. Each state constitution preceded the federal Constitution of Australia as the constitutions of the then six self-governing...

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Constitutional basis of taxation in Australia

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The constitutional basis of taxation in Australia is predominantly found in sections 51(ii), 90, 53, 55, and 96, of the Constitution of Australia. Their...

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Chapter V of the Constitution of Australia

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Chapter V of the Constitution of Australia deals with the relationship between the states and the Commonwealth, and other matters pertaining to the states...

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Section 90 of the Constitution of Australia

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Section 90 of the Constitution of Australia prohibits the States from imposing customs duties and excise duties. The section bars the States from imposing...

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Constitution of South Australia

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The principles of the current Constitution of South Australia, also known as the South Australian Constitution, which includes the rules and procedures...

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Constitution of the United States

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 109. Qing Yu 1988, p. 193. Aroney, Nicholas (2009). The constitution of a federal commonwealth: the making and meaning of the Australian constitution...

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Constitution of Tasmania

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of the Australian State of Tasmania. Like all state constitutions it consists of both unwritten and written elements which include: the Constitution Act...

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Section 33 of the Canadian Charter of Rights and Freedoms

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Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (French:...

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Australia

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Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania...

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States and territories of Australia

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concerning their citizens, subject to the limits of the federal constitution (notably section 51 and section 109). Each state and internal territory (except...

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Australian constitutional law

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Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal...

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Primacy of European Union law

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within the Constitution of the United States Section 109 of the Constitution of Australia – analogous concept within the Constitution of Australia Paramountcy...

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Constitution

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A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other...

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Water supply and sanitation in Australia

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the Australian water sector in the early 21st century. The Minister for Water is in charge of water policies at the federal level. (Section 109) Of the...

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Federalism in Australia

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Australia federated, formally constituting the Commonwealth of Australia. It remains a federation of those six original States under the Constitution...

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Constitution Act 1902

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Australian Constitution, the Australia Acts, any remaining applicable British legislation, such as the Bill of Rights 1689. The Constitution Act 1902 sets...

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Religion in Australia

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religion". Australia has no official religion. Section 116 of the Constitution of Australia states: "The Commonwealth shall not make any law for establishing...

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Fiscal imbalance in Australia

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Australia that made various state taxes unconstitutional under the Australian Constitution, in particular section 90 and section 109. The Australian Constitution...

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