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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44340
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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In light of the constitution defines" A Commonwealth realm

Customer Question

hey there, In light of the constitution defines " A Commonwealth realm is one of 16 sovereign ""states"" that are members of the Commonwealth of Nations, have Queen Elizabeth II as the reigning constitutional monarch, and have in common the same royal line of succession. That being the case it would have to be "defined" would it not that states are either commonwealth, of national per article 117 would it not? Or does this mean someone could challenge 117 meaning commonwealth state as it have never been defined? The assumption could be either or both ?
JA: Since laws vary from place to place, what state is this in?
Customer: Hi, I am referring to the Australian constitutions specific to what "states are"
JA: Have you talked to a lawyer yet?
Customer: Not sure I know any that would know either.
JA: Anything else you think the lawyer should know?
Customer: The question is if state is defined as commonwealth as it appears to be, then does that mean for instance Australians have the potential applicable rights as the UK or Canada do, and if state is domestic, then does it mean every state should have the same legal penalties ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

The states were there first and part of the British empire which later became the commonwealth. It was the agreement of the states that created Australia and the constitution sets out what powers were given up by the states to the Australian federal government.

No each state has its own powers to administer the criminal law, and other laws. They were never given up to the Federal Government.

You cannot challenge a state penalty with the constitution. You will lose. The states never gave up those rights.

I hope this makes sense and is of assistance. if there is nothing further

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If I have missed anything, or you have any further questions please let me know

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Regards

Leon