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The Relationship Between The Commonwealth And The States Has Stayed Relatively Similar Since The Framing Of The Constitution Of Australia.

The relationship between the Commonwealth and the States has stayed relatively similar since the framing of the constitution of Australia.   When the Commonwealth constitution was enacted in 1901 there were three branches of government created, the executive, the legislature and the judiciary.

The Governor-General acting on behalf of the Queen holds the Commonwealth executive power.   The Governor-General has a council which usually consists of two or three government minister that advise on matter relating to the government, this group is called the Executive Council. The Governor-General also has the authority to appoint ministers to administer the Commonwealth departments of state.

The legislature is the branch that makes laws.   Australia’s federal system of government splits the government power between the Commonwealth government and the States.   The constitution details the areas that the Commonwealth has the power to make legislation on.   The areas that both Commonwealth and the States are allowed to make laws on are called concurrent powers, though if a Commonwealth and State law clash, then the Commonwealth law overrules the State law.   Exclusive powers are areas that only the Commonwealth is allowed to make laws on.

The branch that deals with interpreting the law is called the judiciary.   The High Court has the power to determine whether the legislation created by the Commonwealth or the States is within their specific areas.   The High Court can nullify any laws that it finds to be unconstitutional.   The High Court since federation has had a effect on the relationship between the Commonwealth and the States.

When the federation was formed the High Court consisted mainly of judges who took a constricted view of the Commonwealths powers.   The two doctrines that were adapted by the High Court were the doctrine of intergovernmental immunities and the doctrine of reserve power.   The doctrine of intergovernmental immunities prevented the legislation...