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Section 51(xxxvii) of the Australian Constitution permits the Commonwealth to legislate on matters referred to it by any state. As Australia is a federation, both states and the Commonwealth have legislative power, and the Australian constitution limits Commonwealth power (see Section 51). Section 51(xxxvii) allows for a degree of flexibility in the allocation of legislative powers. In practice, the referral power has been quite important in allowing the Commonwealth to enact legislation. ==Uncertainty Regarding the Scope of Section 51(xxxvii)== Section 51(xxxvii) grants power regarding: :matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law. Uncertain issues concern: *Revocability: whether a State can revoke a referral or if it has the status of a quasi-amendment to Section 51. *Exclusivity: whether a referral grants ''exclusive'' Commonwealth power or ''concurrent'' power. That is, whether the states may continue to legislate on fields referred to the Commonwealth. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Section 51(xxxvii) of the Australian Constitution」の詳細全文を読む スポンサード リンク
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