The Commonwealth Parliament passes legislation legalising voluntary assisted dying nationwide. Subsequently, the Victorian Parliament passes legislation prohibiting voluntary assisted dying within Victoria. Which of the following options BEST describes the legal effect of these laws, considering section 109 of the Australian Constitution?
Both laws are valid, and individuals in Victoria can choose whether to access voluntary assisted dying under Commonwealth law or abide by the Victorian prohibition.
The Commonwealth law is valid, and the Victorian law is invalid to the extent that it prohibits voluntary assisted dying, meaning voluntary assisted dying is legal in Victoria.
The Victorian law is valid because health matters are traditionally a residual power of the states, and the Commonwealth law is therefore invalid.
Both laws are valid, and the matter must be resolved by the High Court, who will decide which law prevails based on the specific circumstances of any case brought before it.
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Create Free Account Log inThis is a free VCE Units 3 & 4 Legal Studies practice question worth 1 mark, testing your understanding of Section 109 Significance. It falls under The people and the law-makers in Unit 4: The people, the law and reform. Submit your answer above to receive instant AI-powered marking and personalised feedback.
The study of Australia’s laws and legal system includes an understanding of institutions that make and reform our laws. In this unit, students explore how the Australian Constitution establishes the law-making powers of the Commonwealth and state parliaments, and how it protects the Australian people through structures that act as a check on parliament in law-making. Students develop an understanding of the significance of the High Court in protecting and interpreting the Australian Constitution. They investigate parliament and the courts, and the relationship between the two in law-making, and consider the roles of the individual, the media and law reform bodies in influencing changes to the law, and past and future constitutional reform. Throughout this unit, students apply legal reasoning and information to actual and/or hypothetical scenarios.
The Australian Constitution establishes Australia’s parliamentary system and provides mechanisms to ensure that parliament does not make laws beyond its powers. Parliament is the supreme law-making body, and courts have a complementary role to parliament in making laws. Courts can make laws through the doctrine of precedent and through statutory interpretation when determining cases. In this area of study, students examine the ways in which the Australian Constitution acts as a check on parliament in law-making, and factors that affect the ability of parliament and courts to make law. They explore the relationship between parliament and courts in law-making and consider the capacity of both institutions to make law.
the significance of section 109 of the Australian Constitution
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