Legal Studies - Constitution essays

Legal Studies - Constitution essays The balance of power between the commonwealth and states can be modified directly through a referendum. Under section 128 which states that the proposed change to constitution must first be passed by the commonwealth parliament and then a double majority must attained in a compulsory vote in order for the actual words of the constitution to change. Changing the words in the constitution would mean that the powers of either state, or the commonwealth parliament would wither increase or decrease. However the Referendum is not a very effective method of changing the balance of power as since 1901 only out of 44 referendums have been successful, and the alteration of the balance of power has not been very significant. An indirect way of modifying the balance of power between commonwealth and the states is through high court interpretation. This is a much more effective method then the referendum. Although, interpretation does not change the words of the constitution formally, it provid es a meaning to them and therefore if a dispute arises between the states and commonwealth as to who has power to legislate overran area, high court interprets the constitution and makes a decision. Since 1900 there have been several cases Brislans case (1935) high court ruled under S51 that wireless sets are apart of postal, telegraphic and other like services, therefore giving commonwealth parliament power to legislate in the case of wireless sets and Franklin Dam case (1983) Commonwealth parliament legislate international affairs even if it interferes with residual powers. I.e. Franklin Dam covered by international treaty. That have swung the balance of power towards the federal parliament. This gaining of powers by federal parliament has made it more dominant i.e. financial dominance in the form of tide grants to states, however if the commonwealth operates within its concurre...