The division of functions has given rise to
much confusion and litigation; but, speaking generally, the trend of
judicial decision has been towards a wide interpretation of the
provincial powers. The "residuary powers" are in the Dominion
Parliament.
The constitution of the Commonwealth of Australia, as defined by the
Commonwealth of Australia Constitution Act, 1900, is of a different
character. The Federal Parliament is entrusted with power to make laws
with respect to a number of subjects divided into no less than 39
classes (sect. 51); the State Legislatures have concurrent powers of
legislation, but in case of conflict the law of the Commonwealth is to
prevail over the State law (sect. 109). The "residuary powers" are in
this case left to the States. There is power to alter the Constitution
with the consent of a majority of the electors in a majority of the
States and of a majority of the electors of the Commonwealth (sect.
123)--a power which has been freely used.
The case of South Africa is sometimes cited as a precedent for loosening
the bonds in the United Kingdom.
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