The Division and Separation of Power

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The Division and Separation of power are essential to keep our societies rulers to have a restriction on their powers. The importance of each on the Australian domestic law especially in relation to the rule of law, and protecting individual rights, and the legal system. The difference between the division and separation of powers is small. The Division of power is one of the most important aspects of the Constitution. This role is dividing power between the state and Commonwealth parliaments. This division is separated into three powers, Residual, Concurrent, and Exclusive. Residual powers are those powers that the states have in areas such as, health, transport and policing, concurrent powers are those shared between the commonwealth government and state governments. Areas such as Medicare funding .The Exclusive powers are those powers granted only to the Commonwealth of Australia parliament. . Example in the Commonwealth of Australia Vs. The state of Tasmania (1983) the commonwealth blocked the state from constructing a hydroelectric dam in the world heritage listed Gordon river. The state claimed it was unconstitutional for the commonwealth to block the dam because power generation was an area of state responsibility. The commonwealth then argued that it did have power to block construction because Australia was signatory to the convention for the protection of the world cultural and natural heritage (1972) it argued that because this international agreement stipulated
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