query: the judicial power of the federal government is created in article -- -- -- -- of the u.s. constitution

pos: United States Constitution Court. The article describes the kinds of cases the court takes as original jurisdiction. Congress can create lower courts and an appeals process. Congress enacts law defining crimes and providing for punishment. Article Three also protects the right to trial by jury in all criminal cases, and defines the crime of treason. Section 1 vests the judicial power of the United States in federal courts, and with it, the authority to interpret and apply the law to a particular case. Also included is the power to punish, sentence, and direct future action to resolve conflicts. The Constitution outlines the U.S.

pos: Article Three of the United States Constitution Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses

pos: Article Three of the United States Constitution by the judiciary, ruling out trials by military commissions. As James Madison noted, the Treason Clause also was designed to limit the power of the federal government to punish its citizens for 'adhering to [the] enemies [of the United States by], giving them aid and comfort.'" Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or

pos: Article Three of the United States Constitution of chief justice. Section 2 of Article Three delineates federal judicial power. The Case or Controversy Clause restricts the judiciary's power to actual cases and controversies, meaning that federal judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Section 2 states that federal judiciary's power extends to cases arising under the Constitution, federal laws, federal treaties, controversies involving multiple states or foreign powers, and other enumerated areas. Section 2 gives the Supreme Court original jurisdiction when ambassadors, public officials, or the states are a party in the case,

pos: Law of the United States accepted that the Founding Fathers of the United States, by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution, thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent; this power was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide "cases or controversies" necessarily includes the power to decide the precedential effect of those cases and controversies. The difficult question is whether federal

pos: United States federal judge special trial judges) exercise a portion of "the judicial power of the United States." United States federal judge In the United States, the title of federal judge means a judge (pursuant to Article Three of the United States Constitution) appointed by the President of the United States and confirmed by the United States Senate pursuant to the Appointments Clause in Article II of the United States Constitution. In addition to the Supreme Court of the United States, whose existence and some aspects of whose jurisdiction are beyond the constitutional power of Congress to alter, Congress has established 13 courts of

pos: State supreme court of "certiorari" to the Supreme Court of the United States. As the U.S. Supreme Court recognized in "Erie Railroad Co. v. Tompkins" (1938), no part of the federal Constitution actually grants federal courts or the federal Congress the power to directly dictate the content of state law (as distinguished from creating altogether separate federal law that in a particular situation may override state law). Clause 1 of Section 2 of Article Three of the United States Constitution describes the scope of federal judicial power, but only extended it to "the Laws of the United States" and not the laws of

pos: United States Constitution Court. The article describes the kinds of cases the court takes as original jurisdiction. Congress can create lower courts and an appeals process. Congress enacts law defining crimes and providing for punishment. Article Three also protects the right to trial by jury in all criminal cases, and defines the crime of treason. Section 1 vests the judicial power of the United States in federal courts, and with it, the authority to interpret and apply the law to a particular case. Also included is the power to punish, sentence, and direct future action to resolve conflicts. The Constitution outlines the U.S.

pos: United States territorial court from foreign countries, "In re Ross", 140 U.S. 453, 464-465, 480. The Article Three of the United States Constitution, establishes the judicial branch of the federal government. This constitutional article was expressly extended to the United States District Court for the District of Puerto Rico by the U.S. Congress through the federal law 89-571, 80 Stat. 764, and signed by the President Lyndon B. Johnson in 1966. From this moment on, judges appointed to serve on the Puerto Rico federal district court have been Article III judges appointed under the Constitution of the United States. In addition in 1984 one

pos: Article Three of the United States Constitution leaving the Supreme Court with appellate jurisdiction in all other areas to which the federal judiciary's jurisdiction extends. Section 2 also gives Congress the power to strip the Supreme Court of appellate jurisdiction, and establishes that all federal crimes must be tried before a jury. Section 2 does not expressly grant the federal judiciary the power of judicial review, but the courts have exercised this power since the 1803 case of "Marbury v. Madison". Section 3 of Article Three defines treason and empowers Congress to punish treason. Section 3 requires that at least two witnesses testify to the treasonous act,

pos: Federalist Era which served as a major advisory body to the president. The heads of the Department of War, the Department of State, and the Department of the Treasury each served in the Cabinet. After the passage of the Judiciary Act of 1789, the Attorney General also served in the Cabinet as the president's chief legal adviser. In addition creating the office of the Attorney General, the Judiciary Act of 1789 also established the federal judiciary. Article Three of the United States Constitution had created the judicial branch of the federal government and invested powers in it, but had left it to

pos: Implications of Puerto Rico's current political status the judgment of "Torres v. Puerto Rico", Supreme Court Justice Brennan argued that any implicit limits from the Insular Cases on the basic rights granted by the Constitution (including especially the Bill of Rights) were anachronistic in the 1970s. Article Three of the United States Constitution establishes the judicial branch of the federal government. This article was expressly extended to the United States District Court for the District of Puerto Rico by the U.S. Congress through Federal Law 89-571, 80 Stat. 764, signed by President Lyndon B. Johnson in 1966. After that date, judges appointed to the Puerto Rico federal

neg: Ableman v. Booth power to enforce federal law. If the interpretation of the Constitution and federal statutes were left to the states, then Accordingly, said the Court, the Constitution granted this judicial power to the federal government. The Constitution provides in Article III that the judicial power in all cases arising under the Constitution or laws of the United States rests in the federal courts, and that the Supreme Court has appellate jurisdiction in all such cases. Therefore, the Court concluded that the Constitution gives the federal courts the final authority in matters involving interpretation of the Constitution and laws of the United

neg: Judiciary of Germany on the other hand, have created a unique defender of the " since World War II and given it a valuable role in Germany's modern democracy. The federal courts are administered by the federal government, all the other courts belong to a state and are administered by it. The independence of the judiciary that is laid down in the federal constitution (article 97 para. 1) only refers to the judicial decision-making process of any individual judge, not to the judicial power as a whole. In line with this, the courts are administrative bodies subordinate to the respective department of justice,

neg: Government of Australia courts created by the Federal Parliament, including the Federal Court of Australia, the Family Court of Australia, and the Federal Circuit Court of Australia. Additionally, unlike in the United States, the federal legislature has the power to enact laws which vest federal jurisdiction in State courts. Since the Australian Constitution requires a separation of powers at the federal level, only courts may exercise federal judicial power; and conversely, non-judicial functions cannot be vested in courts. State judicial power is exercised by each State's Supreme Court, and such other courts and tribunals created by the State Parliaments. The High Court is

neg: Judicial review in the United States in which the Court had struck down a federal statute for the first time since "Marbury v. Madison". It has been argued that the judiciary is not the only branch of government that may interpret the meaning of the Constitution. Article VI requires federal and state officeholders to be bound "by Oath or Affirmation, to support this Constitution." It has been argued that such officials may follow their own interpretations of the Constitution, at least until those interpretations have been tested in court. Some have argued that judicial review is unconstitutional based on two arguments. First, the power of judicial

neg: United States federal judge States, and 94 United States district courts. Every judge appointed to such a court may be categorized as a federal judge; such positions include the Chief Justice and Associate Justices of the Supreme Court, Circuit Judges of the courts of appeals, and district judges of the United States district courts. All of these judges described thus far are referred to sometimes as "Article III judges" because they exercise the judicial power vested in the judicial branch of the federal government by Article III of the U.S. Constitution. In addition, judges of the Court of International Trade exercise judicial power pursuant

neg: Florida Territorial Court of Appeals from a sunken ship. This clearly fell into the realm of admiralty law, which is part of the federal judicial power according to Article III of the Constitution. Yet the judges of the Florida Territorial Court had four-year terms, not the lifetime appointments required by Article III of the Constitution. Marshall's solution was to declare that territorial courts were established under Article I of the constitution. As such, they could not exercise the federal judicial power, and therefore the law that placed admiralty cases in their jurisdiction was unconstitutional. Tenure that is guaranteed by the Constitution is a badge of

neg: Judicial Service Commission (Somalia) Judicial Service Commission (Somalia) The Judicial Service Commission is an adjunct of the Ministry of Justice of the Federal Government of Somalia. Article 109A of the Provisional Constitution establishes the authority of a Judicial Service Commission consisting of nine members. In June 2014, the Federal Parliament of Somalia approved a new law formalizing the commission. In March 2015, the Office of the President issued a decree dissolving the extant Judicial Service Commission. It recommended instead reformation of the Commission in accordance with Article 109 of the Provisional Constitution. In late March 2015, the Federal Government began formally reconstituting the Judicial

neg: Constitution of Virginia the U.S. federal Constitution, the Virginia Constitution explicitly provides that no branch may exercise powers that properly belong to the others. Separation between the branches of government is also listed as a right of the people in §5 of Article I. Article IV establishes the basic structure and authority of the Virginia legislature. The legislative power of the state is vested in the Virginia General Assembly, which consists of the Virginia Senate and the Virginia House of Delegates. §17 of Article IV gives the legislature the power to impeach members of the executive and judicial branches. The original §14 of

neg: Federal government of Iraq affairs of the federal public service, including appointment and promotion. Federal government of Iraq The federal government of Iraq is defined under the current Constitution, approved in 2005, as an Islamic, democratic, federal parliamentary republic. The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions. Article 114 of the Constitution of Iraq provided that no new region may be created before the Iraqi National Assembly has passed a law that provides the procedures for forming the region. A law was passed in October 2006 after an agreement was reached with the Iraqi

neg: Federal government of Iraq Federal government of Iraq The federal government of Iraq is defined under the current Constitution, approved in 2005, as an Islamic, democratic, federal parliamentary republic. The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions. Article 114 of the Constitution of Iraq provided that no new region may be created before the Iraqi National Assembly has passed a law that provides the procedures for forming the region. A law was passed in October 2006 after an agreement was reached with the Iraqi Accord Front to form the constitutional review committee and to

neg: Common law Later cases interpreted the "judicial power" of Article III to establish the power of federal courts to consider or overturn any action of Congress or of any state that conflicts with the Constitution. The interactions between decisions of different courts is discussed further in the article on precedent. The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals (plus a thirteenth, the Court of Appeals for the Federal Circuit, which hears appeals in patent cases and cases against the federal government, without geographic limitation). Decisions of one circuit court are binding on

neg: Article Three of the United States Constitution 80 Stat. 764, signed by President Lyndon B. Johnson in 1966. This transformed the article IV United States territorial court in Puerto Rico, created in 1900, to an Article III federal judicial district court. The Judicial Procedures Reform Bill of 1937, frequently called the court-packing plan, was a legislative initiative to add more justices to the Supreme Court proposed by President Franklin D. Roosevelt shortly after his victory in the 1936 presidential election. Although the bill aimed generally to overhaul and modernize the entire federal court system, its central and most controversial provision would have granted the President power to

neg: Judicial review in the United States judicial power in Article III state: The Supremacy Clause of Article VI states: The power of judicial review has been implied from these provisions based on the following reasoning. It is the inherent duty of the courts to determine the applicable law in any given case. The Supremacy Clause says "[t]his Constitution" is the "supreme law of the land." The Constitution therefore is the fundamental law of the United States. Federal statutes are the law of the land only when they are "made in pursuance" of the Constitution. State constitutions and statutes are valid only if they are consistent with

neg: Article Three of the United States Constitution that is explicitly established by the Constitution. During the Constitutional Convention, a proposal was made for the Supreme Court to be the only federal court, having both original jurisdiction and appellate jurisdiction. This proposal was rejected in favor of the provision that exists today. Under this provision, the Congress may create inferior (i.e., lower) courts under both Article III, Section 1, and Article I, Section 8. The Article III courts, which are also known as "constitutional courts", were first created by the Judiciary Act of 1789, and are the only courts with judicial power. Article I courts, which are also

neg: Nullification (U.S. Constitution) contrary notwithstanding." The courts have held that federal laws are therefore superior to state laws and cannot be negated by the states. Federal laws are valid and are controlling, so long as those laws were adopted in pursuance of—that is, consistent with—the Constitution. Determining whether a federal law is consistent with the Constitution requires interpretation of the law, which is inherently a judicial function. The federal judicial power granted by Article III of the Constitution gives the federal courts authority over all cases "arising under this Constitution [or] the laws of the United States." The federal courts therefore have been

neg: Judicial review in the United States twelve of the thirteen states asserted that under the Constitution, the federal courts would have the power of judicial review. There is no record of any opponent to the Constitution who claimed that the Constitution did not involve a power of judicial review. After reviewing the statements made by the founders, one scholar concluded: "The evidence from the Constitutional Convention and from the state ratification conventions is overwhelming that the original public meaning of the term 'judicial power' [in Article III] included the power to nullify unconstitutional laws." "The Federalist Papers", which were published in 1787–1788 to promote ratification of

neg: Judicial review in the United States are contrary to the Constitution. Specifically, Article III provides that the federal judicial power "is extended to all cases arising under the Constitution." Article VI requires judges to take an oath "to support this Constitution." Article VI also states that only laws "made in pursuance of the Constitution" are the law of the land. Marshall concluded: "Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by

neg: Article Two of the United States Constitution Article Two of the United States Constitution Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the President of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities. Section 1 of Article Two establishes the positions of the president and the vice president, and sets the term of both offices at four years. Section 1's Vesting Clause declares that the executive power of

neg: Legislative branch of the government of Puerto Rico Legislative branch of the government of Puerto Rico The legislative branch of the government of Puerto Rico is responsible for enacting, amending, and repealing the laws of Puerto Rico. Article III of the Constitution of Puerto Rico vests the legislative power on the Legislative Assembly—which together with other agencies form the legislative branch. Article IV vests the executive power on the Governor —whom by its nature forms the executive branch— while Article V vests the judicial power on the Supreme Court of Puerto Rico—which by its nature forms the judicial branch. Although the Constitution does not establish such law, the

neg: United States Constitution 13 of the Judiciary Act of 1789 and Article III. In this case, both the Constitution and the statutory law applied to the particulars at the same time. "The very essence of judicial duty" according to Marshall was to determine which of the two conflicting rules should govern. The Constitution enumerates powers of the judiciary to extend to cases arising "under the Constitution". Further, justices take a Constitutional oath to uphold it as "Supreme law of the land". Therefore, since the United States government as created by the Constitution is a limited government, the Federal courts were required to choose

neg: Article Three of the United States Constitution Supreme Court in cases not involving the States or ambassadors. The ruling thereby established that the federal courts could exercise judicial review over the actions of Congress or the executive branch. However, Alexander Hamilton, in "Federalist No. 78", expressed the view that the Courts hold only the power of words, and not the power of compulsion upon those other two branches of government, upon which the Supreme Court is itself dependent. Then in 1820, Thomas Jefferson expressed his deep reservations about the doctrine of judicial review: Clause 3 of Section 2 provides that Federal crimes, except impeachment cases, must be

neg: Article Two of the United States Constitution The former bestows federal legislative power exclusively to Congress, and the latter grants judicial power solely to the Supreme Court. These three articles create a separation of powers among the three branches of the federal government. In addition to separation of powers and equally important to limited government, each independent and sovereign branch also provides checks and balances on the operation and power of the other two branches. The President's executive power is subject to two important limitations. First, the President lacks executive authority explicitly granted to Congress. Hence the President cannot declare war, grant letters of marque and reprisal,

neg: Federal tribunals in the United States Constitution. Yet the judges of the Florida Territorial Court had four-year terms, not the lifetime appointments required by Article III of the Constitution. Marshall's solution was to declare that territorial courts were established under Article I of the constitution. As such, they could not exercise the federal judicial power, and therefore the law that placed admiralty cases in their jurisdiction was unconstitutional. Tenure that is guaranteed by the Constitution is a badge of a judge of an Article III court. The argument that mere statutory tenure is sufficient for judges of Article III courts was authoritatively answered in "Ex parte

neg: President of the United States economy by nominal GDP. The president possesses significant domestic and international hard and soft power. Article II of the Constitution establishes the executive branch of the federal government. It vests the executive power of the United States in the president. The power includes the execution and enforcement of federal law, alongside the responsibility of appointing federal executive, diplomatic, regulatory and judicial officers, and concluding treaties with foreign powers with the advice and consent of the Senate. The president is further empowered to grant federal pardons and reprieves, and to convene and adjourn either or both houses of Congress under extraordinary

neg: Southern Pacific Co. v. Jensen the New York state law, it conflicted with the general maritime law, reserved to federal jurisdiction under article 3, § 2 of the Constitution. This article extends the judicial power of the United States "to all cases of admiralty and maritime jurisdiction", and confers upon Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States or in any department or officer thereof." Congress was authorized to confer jurisdiction over maritime disputes, and the work of

neg: Constitution of Malaysia from the British, separation of powers was originally only loosely provided for. This decision was however overturned by the Federal Court, which held that the doctrine of separation of powers is a political doctrine, coined by the French political thinker Baron de Montesquieu, under which the legislative, executive and judicial branches of the government are kept entirely separate and distinct and that the Federal Constitution does have some features of this doctrine but not always (for example, Malaysian Ministers are both executives and legislators, which is inconsistent with the doctrine of separation of powers). Article 149 gives power to the

neg: Constitution Act, 1867 conflict, federal law prevails. The authority over the judicial system in Canada is divided between Parliament and the provincial Legislatures. Section 101 gives Parliament power to create a "general court of appeal for Canada" and "additional Courts for the better Administration of the Laws of Canada". Parliament has used this power to create the Supreme Court of Canada and lower federal courts. It has created the Supreme Court under both branches of s. 101. The lower federal courts, such as the Federal Court of Appeal, the Federal Court, the Tax Court of Canada and the Court Martial Appeal Court of

neg: Common law judiciary to review and invalidate unconstitutional acts of the federal executive branch is stated in the constitution, Article III sections 1 and 2: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. ... The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority..." The first landmark decision on "the judicial power" was "Marbury v. Madison", .

neg: Judicial review in the United States had personal experience with judicial review because they had been lawyers or judges in these state court cases involving judicial review. Other delegates referred to some of these state court cases during the debates at the Constitutional Convention. The concept of judicial review therefore was familiar to the framers and to the public before the Constitutional Convention. The text of the Constitution does not contain a specific reference to the power of judicial review. Rather, the power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI. The provisions relating to the federal

neg: Amendments to the Constitution of Canada Nova Scotia (Speaker of the House of Assembly), [1993] 1 S.C.R. 319 that s. 52(2) is not exhaustive, but has not yet ruled on whether the Supreme Court Act is included in the Constitution of Canada. This issue has implications for judicial selection in Canada. S. 4(2) of the Supreme Court Act specifies that the Governor in Council (federal cabinet) has the power to appoint judges to the Supreme Court. Prime Minister Stephen Harper has announced that a new reformed selection process will be developed. If the new process binds the federal government, it will necessarily involve an amendment to

neg: Constitution of Tennessee Some construe the latter provision as prohibiting any form of indentured servitude. Besides the more common human rights, a few other rights are enumerated: Article II of the constitution states that there are to be three separate branches of government: legislative, executive, and judicial. It also explicitly states that no one from one is to exercise rights belonging to any of the others, something considered implicit in the federal constitution or inferred by its interpreters (Sections 1 and 2). The lawmaking power of the state is given to its Legislature, named the General Assembly. The upper house is the Senate

neg: Judicial review in the United States review is not expressly delegated to the courts in the Constitution. The Tenth Amendment reserves to the states (or to the people) those powers not delegated to the federal government. The second argument is that the states alone have the power to ratify changes to the "supreme law" (the U.S. Constitution), and that the states should play some role in interpreting its meaning. Under this theory, allowing only federal courts to definitively conduct judicial review of federal law allows the national government to interpret its own restrictions as it sees fit, with no meaningful input from the ratifying power. In

neg: Sheldon v. Sill Sheldon v. Sill Sheldon v. Sill, 49 U.S. (8 How.) 441 (1850), is a ruling by the Supreme Court of the United States holding that Congress may restrict the jurisdiction of the lower federal courts by limiting the subjects those courts may hear, even if those subjects fall within the federal judicial power defined by the United States Constitution. Article III of the Constitution vests "the Judicial Power of the United States...in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish," and extends the jurisdiction of said courts to: all

neg: Separation of powers in Singapore constitutional powers, "[u]nder the Constitution, the means adopted and recognised by all three arms of government is the judicial power of the court to review the legality of legislative and executive acts and declare them unconstitutional and of no legal effect if they contravene the provisions of the Constitution". Judicial independence from the other branches of government allows the judiciary to act as a check and balance on the exercise of legislative and executive power, and thus enhances the separation of powers. The extent of judicial independence in Singapore can be examined by reference to the way judges are appointed,

neg: Administrative law judge 1946 (APA) requires that federal ALJs be appointed based on scores achieved in a comprehensive testing procedure, including a four-hour written examination and an oral examination before a panel that includes an Office of Personnel Management representative, an American Bar Association representative, and a sitting federal ALJ. Federal ALJs are the only merit-based judicial corps in the United States. In American administrative law, ALJs are Article I judges under the U.S. Constitution. As such, they do not exercise full judicial power, essentially, the power over life, liberty, and property. However, Article I judges and courts are not constrained to rendering

neg: Article Three of the United States Constitution of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself, is an implied power derived in part from Clause 2 of Section 2. Though the Constitution does not expressly provide that the federal judiciary has the power of judicial review, many of the Constitution's Framers viewed such a power as an appropriate power for the federal judiciary to possess. In "Federalist No. 78", Alexander Hamilton wrote, Others, however, disagreed, claiming that each branch could determine for itself the constitutionality of its actions. Hamilton goes on to counterbalance

neg: Constitution of Belgium jointly by its three components, in practice only the Federal Parliament, which consists of the Chamber of Representatives and the Senate, exercises the federal legislative power. However, laws still require the King's signature. Article 37 vests the federal executive power in the King, but in practice it is exercised by the Federal Government. Article 38 and 39 define the competencies and responsibilities of the Communities and the Regions. Article 38 provides that each Community has the competencies that are granted to it by the Constitution or by the laws adopted pursuant to the Constitution. Article 39 provides that a law

neg: Judicial review in Switzerland executive orders etc.). Judicial review in Switzerland Article 190 of the Swiss Federal Constitution states that federal statutes and international law are binding on the Swiss Federal Supreme Court. In consequence, the courts are not empowered to review the constitutionality of federal statutes, but will, where possible, construe statutes so as not to create a conflict with the Constitution. The courts can suspend the application of federal statutes that conflict with international law, but tend to exercise this power cautiously and deferentially: In "Schubert" (BGE 99 Ib 39), the Federal Supreme Court refused to do so because Parliament had consciously

neg: Judicial review in Switzerland Judicial review in Switzerland Article 190 of the Swiss Federal Constitution states that federal statutes and international law are binding on the Swiss Federal Supreme Court. In consequence, the courts are not empowered to review the constitutionality of federal statutes, but will, where possible, construe statutes so as not to create a conflict with the Constitution. The courts can suspend the application of federal statutes that conflict with international law, but tend to exercise this power cautiously and deferentially: In "Schubert" (BGE 99 Ib 39), the Federal Supreme Court refused to do so because Parliament had consciously violated international law

neg: Constitution of Maryland to the United States Constitution. In 1970, this article was amended to include the sentence "Nothing in this article shall constitute an establishment of religion". The original wording of the article was left in place, presumably as symbolic rather than effective. Maryland's Constitution describes the separation of powers doctrine, which is implied in the federal constitution. The Maryland Constitution states that "the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other." Article

neg: Federal government of the United States adjudicates "cases and controversies"—matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional, nullifying the law and creating precedent for future law and decisions. The United States Constitution does not specifically mention the power of judicial review (the power to declare a law unconstitutional). The power of judicial review was asserted by Chief Justice Marshall in the landmark Supreme Court Case "Marbury v. Madison" (1803). There have been instances in the past where such declarations have

neg: Judiciary of Somalia to national security, juveniles, rape, ethics or witness protection. Additionally, all parties in a proceeding must first be accorded the opportunity to present their case before a judicial decision can be rendered. Judicial decisions likewise should be accompanied with reasons explaining them. Per Article 108 of the constitution, the national court structure is organized into three tiers: the Constitutional Court, followed by the Federal Government level courts and then the Federal Member State level courts. At the Federal Government tier, the highest court is the Federal High Court. The Federal Member State High Court is, in turn, the highest court

neg: Article One of the United States Constitution and criminal charges. The purpose of this clause is twofold. First, it makes clear the division of responsibility with respect to the conduct of the election of federal Senators and Representatives. That responsibility lies primarily with the states and secondarily with Congress. Second, the clause lodges the power to regulate elections in the respective legislative branches of the states and the federal government, not with the executive or judicial. As authorized by this clause, Congress has set a uniform date for federal elections: the Tuesday following the first Monday in November. Presently, as there are no on-point federal regulations, the

neg: Federal tribunals in the United States that some legal matters, specifically those involving "public rights", are inherently judicial, and thus Article I tribunal decisions are susceptible to review by an Article III court. Later, in "Ex parte Bakelite Corp." (), the Court declared that Article I courts "may be created as special tribunals to examine and determine various matters, arising between the government and others, which from their nature do not require judicial determination and yet are susceptible of it." Article IV tribunals are the United States territorial courts, established in territories of the United States by the United States Congress, pursuant to its power under

neg: Constitution of North Carolina The Council of State, a cabinet-like body, is filled with eight popularly elected officials, in addition to the governor and lieutenant governor. This article also defines and mandates a balanced budget. Article IV defines the make-up the judicial branch of the state and prohibits the legislature from inhibiting its function. Similar to the federal government, the power to impeach state officials and judges, in the cross-hairs, are given to the state House of Representatives. The Senate can remove a person from office with a 2/3 majority vote after an impeachment. This article also deals with the necessary qualifications of a

neg: Constitution in Exile unsuccessfully nominated to the Supreme Court after the Senate rejected Bork." According to the same article, reinstating provisions "exiled" from the Constitution would mean "reimposing meaningful limits on federal power that could strike at the core of the regulatory state for the first time since the New Deal. These justices could change the shape of laws governing the environment, workplace health and safety, anti-discrimination, and civil rights, making it difficult for the federal government" to act on these issues. Rosen considers this to be a form of judicial activism, though its proponents would argue that it was merely reversing decades

neg: Constitution of Australia armed forces rests with the government. Chapter III sets up the judicial branch of government; its provisions create the federal judicature and define the way it operates. Section 71 vests judicial power in a "Federal Supreme Court" to be called the High Court of Australia, and such other federal courts as Parliament creates, and in such other courts as Parliament invests with federal jurisdiction. Such courts are called "Chapter III Courts" and are the only courts that can exercise federal judicial power. Sections 73 and 75–78 outline the original and appellate jurisdiction of the High Court. Section 74 provides for

neg: Federal government of Nigeria Federal government of Nigeria The federal government of Nigeria is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the Constitution of Nigeria in the National Assembly, the President, and the federal courts, including the Supreme Court, respectively. Nigeria is a federal republic, with executive power exercised by the president. The president is the head of state, the head of government, and the head of a multi-party system. Nigerian politics takes place within a framework of a federal, presidential, representative democratic republic, in which executive power is exercised by the government. Legislative power is held

neg: Scandinavian law of powers and universal human rights. The Constitution forms three distinctive branches of government, including: 1. Legislative power vested in the Storting; 2. Executive power vested in the King in Council, Regjeringen; and 3. Judicial power vested in the Supreme Court, the subsidiary courts and in the Court of Impeachment. Article 49 and 75 of the Constitution highlight the principles of sovereignty whereby it states that the people of Norway issue laws, make decisions regarding the states’ funds, impose taxes and supervise authorities, including the Government, by way of the Storting. Stated within Article 3 of the Constitution, the executive

neg: Rule of law doctrine in Singapore to make political appointments to the Bench, to reduce a judge's remuneration by amending the Constitution, or to take away the judiciary's vital support staff, but "[t]he fact remains, however, that nothing of that kind has ever been done". Various provisions of the Constitution guarantee the independence of the Supreme Court judiciary. Since Article 93 vests judicial power exclusively in the courts, judicial power is to be solely exercised by the judiciary and not by the executive or legislature, thus reflecting the former's independence from the other branches of government. Article 94 ensures that the office of a Supreme Court

neg: Judicial Council of California Judicial Council of California The Judicial Council of California is the rule-making arm of the California court system. In accordance with the California Constitution and under the leadership of the Chief Justice of the Supreme Court of California, the council is responsible for "ensuring the consistent, independent, impartial, and accessible administration of justice." It was created by an amendment to article VI of the California Constitution in 1926. The California Rules of Court are rules adopted by the Judicial Council. Every court may also make local rules for its own government and the government of its officers not inconsistent with

neg: Constitution of Russia veto, but the State Duma and Federation Council also have the overriding power by passing a two-thirds vote. While the Russian Federation Constitution enumerates a strong and independent judicial branch, the reality is a question of debate. The constitution provides for judicial immunity, lifetime appointments/"irremovable" justices, and the supremacy of the courts to administer justice, and affirms that judges need only submit to the constitution and the federal law. Additionally, Article 123 provides for open and fair trials, as well as equal application of the law. Three courts are delineated: Constitution Court of the Russian Federation, the Supreme Court of

neg: State governments of the United States branches of government—executive, legislative, and judicial. The governments of the 13 states that formed the original Union under the Constitution trace their roots back to the British royal charters which established them. Most of the states admitted to the Union after the original 13 have been formed from organized territories established and governed by Congress in accord with its plenary power under Article IV, Section 3, of the Constitution. Six subsequent states were never an organized territory of the federal government, or part of one, before being admitted to the Union. Three were set off from an already existing state:

neg: Federal government of Mexico Federal government of Mexico The Federal government of Mexico (alternately known as the Government of the Republic or "") is the national government of the United Mexican States, the central government established by its constitution to share sovereignty over the republic with the governments of the 31 individual Mexican states, and to represent such governments before international bodies such as the United Nations. The Mexican federal government has three branches: executive, legislative, and judicial and functions per the Constitution of the United Mexican States, as enacted in 1917, and as amended. The executive power is exercised by the executive branch,

neg: Judiciary of Somalia to constitutional issues, and has sole jurisdiction on issues surrounding the interpretation of the constitution that have not developed out of court litigation. Furthermore, the government as well as any individual or groups may tender a reference application to the Constitutional Court on subjects of public interest. Notwithstanding the above Article 109 points, the Federal Parliament is to pass a law specifying how the Federal Government tier courts are to interact in legal terms with the Federal Member State courts. Article 109A establishes the authority of a Judicial Service Commission consisting of nine members. In June 2014, the Federal Parliament

neg: Arthur T. Vanderbilt one of the inauguration speakers, along with U. S. President William Howard Taft, and then startled Taft by showing up later as a waiter at the inaugural dinner. Vanderbilt then attended Columbia University School of Law. Many of Vanderbilt's ideas for court reform had been incorporated into the new judicial article of the New Jersey Constitution. One of those innovations was the designation of the Chief Justice as the administrative head of all courts in the state, replacing the previous system of almost completely autonomous courts. As Chief Justice, he created the first state Administrative Office of the Courts in

neg: Oklahoma Judicial Nominating Commission Governor's executive power allowed for the adoption of a new method of selecting the judges and justices of the state's highest courts. On July 11, 1967, the Oklahoma Constitution was amended by State Question 447. 447 added Article 7B to the Constitution and created the Judicial Nominating Commission, originally consisting of 13 members. State Question 752 (adopted by the voters on November 2, 2010) amended the article by adding two additional members. The new method mandated by Article 7B states that in the event of a vacancy, for whatever reason, within the Oklahoma Supreme Court, the Oklahoma Court of Criminal

neg: Government of Pakistan Ministries in such situations are the functions of the Cabinet Division. Appointment for the chairman of the FPSC, the prestigious body responsible for the recruitment of elite bureaucrats, is made by the President after consulting the Prime Minister, according to Article 242 of the Constitution. Since 1947, Pakistan has an asymmetric federal government, with elected officials at the national (federal), provincial, tribal, and local levels. Constitution has set the limit of government for five years, but if a Vote of no confidence movements takes place in the parliament (and prelude of movements are proved at the Judicial branch), the government

neg: Supreme court In India, the Supreme Court of India was created on January 28, 1950 after adoption of the Constitution. Article 141 of the Constitution of India states that the law declared by Supreme Court is to be binding on all Courts within the territory of India. It is the highest court in India and has ultimate judicial authority to interpret the Constitution and decide questions of national law (including local bylaws). The Supreme Court is also vested with the power of judicial review to ensure the application of the rule of law. Note that within the constitutional framework of India, Jammu

neg: Parliamentary sovereignty by judiciary. The second meaning is more consistent with the federal system and the practice of judicial review, as judiciary cannot review on the merits of the parliament (legislature)'s exercise of power. Blackshield and Williams explain that "[i]n Australia, the idea of Parliamentary Sovereignty must be understood in the context of the rigid limits and boundaries imposed by the federal Constitution, and to some extent by the State Constitutions as well." The constitution confers the power to make laws in the Commonwealth Parliament, however, this limited to particular subjects. Section 128 of the federal constitution prescribes the mode to alter

neg: United States Congress two–chamber or "bicameral" congress. Smaller states argued for equal representation for each state. The two-chamber structure had functioned well in state governments. A compromise plan was adopted with representatives chosen by population (benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states). The ratified constitution created a federal structure with two overlapping power centers so that each citizen "as an individual" was subjected to both the power of state government and the national government. To protect against abuse of power, each branch of government—executive, legislative, and judicial—had a separate sphere of authority and could check other

neg: Constitution of Belgium divided into three sections, each of which contains only one article: Section I on the prevention of competency conflicts, Section II on the Constitutional Court and Section III on the prevention and resolution of conflicts of interest. Article 143 determines that the federal State, the Communities, the Regions and the Common Community Commission, in the exercise of their respective competences, must observe the federal loyalty. Chapter VI, which is titled "The judicial power", describes the organisation of the Belgian court system. It contains the Articles 144 to 159. Article 147 establishes the Court of Cassation. Article 150 establishes the jury

neg: Case or Controversy Clause principle is more fundamental to the judiciary’s proper role in our system of government than the constitutional limitation of federal-court jurisdiction to actual cases or controversies.” The case-or-controversy requirement of Article III of the constitution requires plaintiffs to establish their standing to sue. Article III standing law is built on separation-of-powers principles. Its purpose is to prevent the judicial process from being used to usurp the powers of the legislative and executive branch of the U.S. federal government. Article III standing requires an injury that is “concrete, particularized and actual or imminent; fairly traceable to the challenged action and redressable

neg: Article Three of the United States Constitution to examine and determine various matters, arising between the government and others, which from their nature do not require judicial determination and yet are susceptible of it." Other cases, such as bankruptcy cases, have been held not to involve judicial determination, and may therefore go before Article I courts. Similarly, several courts in the District of Columbia, which is under the exclusive jurisdiction of the Congress, are Article I courts rather than Article III courts. This article was expressly extended to the United States District Court for the District of Puerto Rico by the U.S. Congress through Federal Law 89-571,

neg: Article Three of the United States Constitution may be increased, during their continuance in office. Section 2 delineates federal judicial power, and brings that power into execution by conferring original jurisdiction and also appellate jurisdiction upon the Supreme Court. Additionally, this section requires trial by jury in all criminal cases, except impeachment cases. Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only. Their judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Generally, a case or controversy requires the presence of adverse parties who have a genuine interest

neg: Colorado General Assembly until 1950, when it began to meet annually. The lieutenant governor served as Senate President until 1974 when Article V, Section 10 of the state constitution was amended, granting the Colorado Senate the right to elect one of its own members as President. The Colorado Constitution establishes a system of government based on the separation of powers doctrine with power divided among the executive, legislative and judicial branches of government. Article V vests the legislative power of the state in the General Assembly, while reserving to the people the power to propose, approve, and reject both laws and amendments to

neg: Internal Security Act (Singapore) Article 151, which provides for restrictions on preventive detention, should be read liberally in favour of detainees, bearing in mind the exclusion of fundamental liberties by Article 149. In her view, the curtailment of judicial review should therefore be rejected, as it does not accord with the "spirit" of Article 151 of the Constitution which ensures safeguards for detainees. Conversely, Jayakumar argued in 1989 that judicial review is an inappropriate safeguard in preventing abuse of the detention powers under the ISA in the situation where a dishonest government is in power. He argued that judicial safeguards are illusory because such

neg: Federal tribunals in the United States and Puerto Rico, but excluding three other territorial district courts), and the U.S. Court of International Trade. They constitute the judicial branch of the federal government (which is defined by Article III of the Constitution). Pursuant to the Appointments Clause in Article II, all members of Article III tribunals are appointed by the President and confirmed by the Senate. These courts are protected against undue influence by the other branches of government. Judges may not have their salaries reduced during their tenure in office, and their appointment is for life—barring removal from office "on impeachment for, and conviction of, Treason,

neg: Judiciary of Somalia at the Federal Member State level. Article 109 formalizes the proceedings of the National Courts. It states that whenever a case pertaining to the Federal Government is presented before a court, the court will forward it to the Federal Government tier court. Constitution-related cases may likewise be referred to the Constitutional Court. Provided that there is no conflict with the Constitutional Court's exclusive powers as outlined in Article 109C, any court with judicial powers has the discretion to determine if a case brought before it qualifies as a constitutional matter. The Constitutional Court is also the ultimate authority with regard

neg: Government of Malaysia Government of Malaysia Government of Malaysia officially the Federal Government of Malaysia () based in the federal territories of Kuala Lumpur and the federal executive based in Putrajaya. Malaysia is a federation of 13 states operating within a constitutional monarchy under the Westminster parliamentary system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land. The federal government adopts the principle of separation of powers under Article 127 of the Federal Constitution, and has three branches: executive, legislature and judiciary. The

neg: United States constitutional law to interpretation so that it could be adapted to the needs of a changing society. Others maintain that the provisions of the Constitution should be strictly construed and their provisions applied in a very literal manner. Early in its history, in "Marbury v. Madison", 5 U.S. 137 (1803) and "Fletcher v. Peck", 10 U.S. 87 (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law. According to this

neg: Congress of the Confederate States government economy, the president was authorized to veto individual items from appropriation bills. The Provisional Constitution organized each state into a federal judicial district — this provision was adopted in the permanent Confederate Constitution, but in the only amendment to either document, this provision was amended to allow Congress to determine federal districts on May 21, 1861. A supreme court was to be constituted by convening all the federal district judges. To continue judicial procedure in the Confederacy as it had been in the United States, judicial power was extended to all cases of law and equity arising under the

neg: Article 10 of the Constitution of Malaysia criticised, among others, the draft versions of Article 4 and Article 10. Hamid objected to the inclusion of the word "reasonable", stating: The Working Committee established by the autonomous Federation's government adopted nearly all of Hamid's recommendations in his dissent, thereby eliminating the possibility of judicial review concerning the reasonableness of laws which infringed on the rights granted by Article 10. One legal commentator has stated: Lord William Reid, who chaired the Commission, said that: During the debate over the draft Constitution in the Federal Legislative Council, K.L. Devaser, an Alliance government backbencher, criticised the changes, arguing: Over his objections,

neg: Part XI of the Constitution of India Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends. Article 259. Omitted by the Constitution 7th amendment Act, 1956. Article 260. The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by,

neg: Federal judiciary of the United States States court was established for the Northwest Territory. When the Constitution came into force in 1789, Congress gained the authority to establish the federal judicial system as a whole. Only the Supreme Court was established by the Constitution itself. The Judiciary Act of 1789 created the first inferior (i.e., lower) federal courts established pursuant to the Constitution and provided for the first Article III judges. Virtually all U.S. law schools offer an elective course that focuses specifically on the powers and limitations of U.S. federal courts, with coverage of topics such as justiciability, abstention doctrines, the abrogation doctrine, and habeas

neg: Marbury v. Madison to include issuing writs of mandamus. Marshall ruled that Congress cannot increase the Supreme Court's original jurisdiction as it was set down in the Constitution, and therefore that the relevant portion of Section 13 of the Judiciary Act violated Article III of the Constitution. After ruling that it conflicted with the Constitution, Marshall struck down the relevant portion of the Judiciary Act in the U.S. Supreme Court's first ever declaration of the power of judicial review. Marshall ruled that American federal courts have the power to refuse to give any effect to congressional legislation that is inconsistent with the Supreme

neg: Article One of the United States Constitution Article One of the United States Constitution Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states. Article One's Vesting Clause grants all federal legislative power to Congress and establishes that

neg: Case or Controversy Clause Case or Controversy Clause The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review. First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear. For

neg: Monarchy of Spain constitution, Justice in Spain "emanates from the people and is administered on behalf of the King by judges and magistrates members of the Judicial Power..." It remains a royal prerogative for the king to appoint the twenty members to the General Council of the Judicial Power of Spain (Spain's Supreme Court), and then appoint the President of the Supreme Court nominated by the General Council, according to Article 122, Subsection 3, of the constitution. However, by convention the king's nominations have been with the advice of the government of the day. Additionally, the king appoints the State Public Prosecutor on

neg: Constitution of Belgium subdivided into several sections. It is by far the largest title of the Constitution. In this title, the Belgian system of government is outlined, in accordance with the principle of the separation of powers. Article 34 of the Constitution expressly stipulates that the exercise of certain powers or responsibilities can be attributed to international public institutions by treaty or by law. This refers, among others, to Belgium's membership in the European Union. Article 36 grants the federal legislative power to the King, the Chamber of Representatives and the Senate. Although it states that the federal legislative power must be exercised

neg: Water resources management in Argentina with one to three power plants in each group. Notable exceptions to the privatization scheme because they are bi-national are again the Yacyretá and the Salto Grande power plants. Additionally, there were at least six hydroelectric power plants as of 2005 in the planning stages with a total power generation capacity of approximately 10,000 GHw per year. List of Dams in Argentina Argentina’s federal structure is based on the duties assigned in article 121 of the National Constitution. According to article 121, the provinces hold power not already delegated to the Federal Government by this Constitution. The 1994 constitutional reform

neg: Constitution of the Federated States of Micronesia constitution's supremacy over other laws. Article III is the nationality law of the Federated States of Micronesia. Articles IV, V, and VI act as the bill of rights for the Federated States of Micronesia, with Article V specifically protecting traditional rights of tribal leaders, and Article VI granting suffrage to those over eighteen years of age. Articles VII-XI set out of the government of the Federated States of Micronesia, with a separation of powers among three branches—the executive (Article X), legislative (Article IX), and judicial (article XII). Article VII creates a federal system with a national government, as well as

neg: Article Two of the United States Constitution new U.S. Congress was seated and the new federal government formally and officially replaced its interim predecessor. And although the President is not specifically granted the power to declare war, a declaration of war is not in and of itself a vehicle of executive power since it is literally just a public declaration that the U.S. government considers itself "at war" with a foreign political entity. Regardless of the inability to declare war, the President does have the power to unilaterally order military action in defense of the United States pursuant to "a national emergency created by attack upon the

neg: Federal government of Brazil a metonym for the federal government of Brazil. Brazil is a federal presidential constitutional republic, which is based on a representative democracy. The federal government has three independent branches: executive, legislative, and judicial. The Federal Constitution is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government. It provides the framework for the organization of the Brazilian government and for the relationship of the federal government to the states, to citizens, and to all people within Brazil. Executive power is exercised by the executive, headed by

neg: Coram nobis so that a writ within one judicial systems may have a vastly different purpose and procedures from the same writ in other judicial systems. Different characteristics of a writ from one judicial system to another is the result of the federal system of government prescribed within the United States Constitution. Federalism in the United States is a mixed system of government that combines a national federal government and state governments. While federal courts are superior to state courts in federal matters, the Constitution limits the reach of federal courts; thereby, providing state courts general sovereignty and law-making authority over a

neg: United States v. Hudson circuit court was divided on whether it could exercise common law jurisdiction over such cases. Justice William Johnson, Jr. delivered the opinion of the Court. He first explained that the federal government is one of limited powers, as set forth in the Constitution. Furthermore, only the jurisdiction of the Supreme Court was explicitly defined in Article III of the U.S. Constitution. Since the lower federal courts were created by Congress with the Judiciary Act of 1789, their jurisdiction had to be defined by Congress. Therefore, the Court reasoned that since Congress has the power to create such courts, the principles

neg: Article 9 of the Constitution of Singapore On the facts, personal liberty extended to the liberty of an aggrieved person to go to court and seek judicial review, and thus a statutory provision that sought to oust the power of judicial review was apparently inconsistent with this fundamental liberty. However, the apparent inconsistency could be resolved by permitting an ouster clause to immunize from judicial review only those administrative acts and decisions that are not infected by an error of law. Although the Federal Court reversed the Court of Appeal on this point, in the subsequent case "Lee Kwan Woh v. Public Prosecutor" (2009) the Federal Court

neg: Monarchy of Belgium charge of forming a new government, of which he or she generally becomes the Prime Minister. Article 37 of the Constitution of Belgium vests the "federal executive power" in the monarch. Under Section III, this power includes the appointment and dismissal of ministers, the implementation of the laws passed by the Federal Parliament, the submission of bills to the Federal Parliament and the management of international relations. The monarch sanctions and promulgates all laws passed by Parliament. In accordance with Article 106 of the Belgian Constitution, the monarch is required to exercise his powers through the ministers. His acts are

neg: Government of New South Wales relationship with the Commonwealth. Under the Australian Constitution, New South Wales ceded legislative and judicial supremacy to the Commonwealth, but retained powers in all matters not in conflict with the Commonwealth. Section 109 of the Australian Constitution provides that, where a State law is inconsistent with a federal law, the federal law prevails (to the extent of the inconsistency). The New South Wales Constitution says: "The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Act, have power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever." Initially