Date: 5th March 2013
Course: Constitutional Law.
Course Tutor: Kingsley Udeh, Esq.
1.1 . When is the doctrine of covering of field applied ? 1.2 . Give constitutional and case laws basis of the doctrine? 1.3 .When a court and judge that a federal covers the field , What will be the effect?
The doctrine of covering the field applied where there is a conflict between the legislation of a state and the federal legislature on a matter in the concurrent legislature list , and incosistency arises and as between the two laws passed , the one passed by the federal government prevails and the law is rentered inoperative during the lifetime of federal law. The doctrine is a constitutional theory that applies in the fedral constitutions where legislative powers are shared between the federal lists. It applies only to legislative acts made by the federal and state legislatures under the concurrent list.
The list of powers the doctrine operates on the concurrent list where both tiers of the govenment have joint interests.The doctrine originated from US and was imported by the Australian courts where it was fully developed . Like in the case Houston and moore the expression covering the ground was used. The reason behind the doctrine is that it would be too presumptuous of a lower legislative body to legislate on a matter as covered by the legislation of a higher legislative body.Another reason behind the doctrine is to subject a citizen to obiedience to two laws at same time on same subject is oppressive. 2,
Constitutional cases and case laws based on the doctrine of covering the field are Sulivan vs Noarlunga meat Ltd(1997) AC I put it thus : The inconsistency does not lie in the mere co-existence of two laws which are susceptible to the simultaneous obiedence. It depends upon the...
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