Uncertainty Regarding The Scope of Section 51(xxxvii)
Section 51(xxxvii) grants power regarding:
- matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law.
Uncertain issues concern:
- Revocability: whether a State can revoke a referral or if it has the status of a quasi-amendment to Section 51.
- Exclusivity: whether a referral grants exclusive Commonwealth power or concurrent power. That is, whether the states may continue to legislate on fields referred to the Commonwealth.
Read more about this topic: Section 51(xxxvii) Of The Australian Constitution
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