A COMPONENT ANALYSIS OF THE FEDERAL AND STATE LEGISLATIVE INTERCOURSE IN CONCURRENT LEGISLATIVE FIELDS IN NIGERIAN, AMERICAN AND AUSTRALIAN FEDERAL SYSTEMS

Abstract

This paper however focuses on concurrent aspect of this legislative power relationship that allows for a legislative intercourse in that both federal and state can operate in the same legislative field at the same time and on the same subject in absence of conflicts. The high point of this paper is in its determination of these legislative items where co-operative federalism plays out in comparative terms and in case of conflicts or inconsistency between the valid laws of the federal and states governments. The federal laws overrides that of the states by doctrine of covering the field in case of Nigeria and Australia and Preemption in case of U.S.A.