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The Federal judges are conscious of the relative weakness of the power in whose name they act ; and they are more inclined to abandon the right of jurisdiction in cases where the law gives it to them than to assert a privilege to which they have no legal claim . See section 5 ( 2 ) of that Act , especially the grounds for review 5 ( 2 ) ( a ) - taking an irrelevant consideration into account in the exercise of a power and 5 ( 2 ) ( c ) - an exercise of a power for a purpose other than a purpose for which the power is conferred . ' [ ] This turns on an examination of the constitutional provisions governing the exercise of the power in question . Many people also often cite the absence of a power for the Commonwealth to make special laws for Aboriginal peoples as problematic in this regard . Similar logic would dictate that constitutional amendments reducing the powers of the Senate under article one ( e.g ., removing the Senate 's power to approve treaties ) should be upheld unless premised on the belief that exercise of the power in question by Senators from small states-as opposed to exercise of the power by senators generally-was the cause of the mischief . And if it were admissible to contemplate the exercise of this power for any object whatever , I cannot avoid the belief that it would , in the end , be prejudicial , rather than beneficial , in the noble offices of charity to have the charge of them transferred from the States to the Federal Government . One such case , Panama Refining Co. v. Ryan , 293 U.S. 388 ( 1935 ) , was in a sense a special case , for it was discovered in the midst of the case that the particular exercise of the power at issue , the promulgation of a Petroleum Code under the National Industrial Recovery Act , did not contain any legally operative sentence . You will observe that I have confined myself , in what has been said to the constitutionality & expediency of the power in congress to encourage domestic products by regulations of commerce . In 1987 the Commonwealth Parliament declared its powers through the Parliamentary Privileges Act , section 5 of which provided for the continuation of those powers in force under section 49 of the Constitution ( except to the extent varied by that Act ) . All the talk of democratic ideals not-withstanding , the Front 's primary goal is to challenge Funcinpec 's current coalition partner , the Cambodian People 's Party ( CPP ) of Second Prime Minister Hun Sen , which holds much of the power in the country .