Section 51 (xxxviii) of the Australian Constitution Explained | AUSSIE LAW

Section 51 (xxxviii) of the Commonwealth of Australia Constitution includes a specific mechanism that allows the Federal Parliament to legislate for the States in certain matters. Here, we discuss the meaning and operation of this subsection of the Constitution by looking at the enactment of the Australia Acts.
0:00 - Intro
1:50 - Section 51 (xxxviii)
9:00 - Australia Acts
11:58 - Further Questions
// This video does not provide legal counselling or opinion about cases. This channel was created for educational purposes only. //
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0:00 - Intro
1:50 - Section 51 (xxxviii)
9:00 - Australia Acts
11:58 - Further Questions
// This video does not provide legal counselling or opinion about cases. This channel was created for educational purposes only. //

[@andychap6283]

Love this channel, always super helpful

[@darrenyorston]

Considering the Federal government's tendency to act in ways contrary to the wishes of the states it would be good if the states sought to revoke some of those "requests" by the states for Federal assistance/involvement. Centralisation of power in federal hands was, and should still be, considered undesirable to the interests of Australian citizens unless it relates to specific external interests.
Alfred Deakin expressed such a concern. However, the notion that a revocation is impossible is illogical and to be honest quite offensive. Why should future generations be bound permanently and irrevocably to decisions made by people of the distant past who made such decisions for different reasons?
We have tended to view the federal government as being superior to the states. However, I feel this is undesirable. The federation was formed by the states, therefore the power to create a federal entity is a state power, not a federal once. Having referred powers to the federal government is desirable only where the federal government acts in the interests of each states residents AND uses those effectively and to the purpose they were given. When they are not, states should remove the referral. Any appeal to the High court in such matters is misplaced; It should be the highest relevant state court. The High Court isnt an independent body, its a creation of and a function of the tripartite federal government. One might argue that when it comes to state laws the High Court has no judicial authority in such matters UNLESS the states grant them such.
Great video as usual.

[@mik823]

Section 128 forbids any amendments without a referendum. The Australia act of 1986 is completely unlawful.

[@robertfletcher11]

xxxviii is 38
XXXVIII =
X+X+X+V+I+I+I =
10+10+10+5+1+1+1 =
38