Why can federal law invalidate a state law and not the other way around?
Hi Danielle, thanks for your question.
Federal law can sometimes override state law because it is a rule in section 109 the Australian Constitution. It helps keep laws fair and consistent across Australia.
Australia has both federal and state parliaments. On some matters, the federal Parliament and the state parliaments can make laws about the same things, for example, roads and health. Section 109 of the Constitution states that if the federal Parliament and a state parliament pass conflicting laws on the same subject, then the federal law overrides the state law, or the part of the state law that is inconsistent with it.
The Constitution describes how the High Court of Australia can resolve disagreements between the federal and state governments over their law-making powers. While federal law generally overrides state law, there are limits to the federal Parliament’s power. The High Court can check that the federal Parliament is only making laws in areas it is allowed to under the Constitution. If a law is contested – challenged – it is up to the High Court to decide whether the Constitution gives the state or federal parliament the power to make this law, and therefore which law applies.
Three levels of government in Australia
Parliamentary Education Office (peo.gov.au)
Three levels of government in Australia
Parliamentary Education Office (peo.gov.au)
Description
The three levels of government – the law-making bodies in Australia. The Federal Parliament is located in Canberra, the nation's capital. State/territory parliaments are located in the capital cities of each of the 6 states and 2 territories. Local councils are located around Australia in each local council division.
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