Eleanor Finch
Queensland's Constitution, which sets out the powers of the Australian state's major institutions, is a written document with most provisions contained in the Constitution of Queensland 2001. The Constitution Act 1867, the Australia Act 1986, the Australian Constitution, the governor's commission, common law, and constitutional conventions are among the other constitutional documents. Queensland's Constitution can be amended, as evidenced by the Constitution Act Amendment Act of 1922, which ended the Queensland Legislative Council's 63-year history. The Constitution Act Amendment Act of 1934 also made changes to the Constitution, ensuring that an Upper House could never be revived in Queensland without a referendum.
| Characteristics | Values |
|---|---|
| Date of the last amendment | 2001 |
| Amendment Act | Constitution of Queensland 2001 |
| Previous Amendment Act | Constitution Act Amendment Act 1934 |
| Previous Amendment Act | Constitution Act Amendment Act 1922 |
| Previous Amendment Act | Constitution Act 1867 |
| Previous Amendment Act | Australian Constitution Acts of 1842 and 1850 |
| Previous Amendment Act | New South Wales Constitution Act 1855 |
| Number of members in the first Legislative Council | 11 |
| Number of members in the second Legislative Council | 15 |
| Year of granting full suffrage for men over 21 | 1872 |
| Year Queensland became a separate colony | 1859 |
| Year Queensland became a state within the Commonwealth of Australia | 1901 |
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What You'll Learn
The Queensland Constitution Act 1867
The Act of 1867 was an important step in interpreting and consolidating the various authorities that governed Queensland. It drew upon the New South Wales Constitution Act 1855, which had provided the legal basis for establishing representative government in Queensland when it became a separate colony in 1859. The Queensland Constitution Act 1867 specified the powers and privileges of key institutions, including the Governor, the Legislative Council, and the Legislative Assembly. It also addressed matters such as rights over Crown Lands, revenue generation, the creation of a Civil List, and pensions for judges.
An important aspect of the Queensland Constitution Act 1867 was its role in clarifying and extending suffrage. The previous legal framework had been subject to differing interpretations, with some suggesting limitations on manhood suffrage. However, the Act of 1867, along with the parliamentary and electoral processes implemented by Governor Bowen, moved towards a more inclusive political system. This process culminated in 1872 when full suffrage was granted to men over the age of 21 in Queensland.
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Amendments to the Constitution
The Queensland Constitution, a written constitution, outlines and regulates the powers of Queensland's major state institutions. It was established as a separate colony in 1859 by Queen Victoria, who issued Letters Patent and an Order-in-Council. The Constitution Act 1867, the Constitution of Queensland 2001, the Constitution Act Amendment Act 1922, and other laws are among the constitutional documents that have been amended over time.
The Constitution Act 1867, which established a similar political system to that of New South Wales, defined the powers and responsibilities of the government. It also specified the powers of the Governor, the Legislative Council, and the Legislative Assembly, as well as rights over Crown Lands, revenue generation, and pensions for judges. This Act requires a two-thirds majority for amendments, although measures affecting the Assembly's composition can be passed by a simple majority in both Houses.
The Constitution Act Amendment Act of 1922 abolished the Legislative Council, making Queensland's Parliament the only Australian single-chamber legislature. The Constitution Act Amendment Act of 1934, which was passed by the Labor government of William Forgan Smith, ensured that an Upper House could not be re-established without a referendum and limited the duration of any Parliament to three years.
The Constitution of Queensland 2001 modernises and consolidates the Constitution of Queensland. It does not, however, incorporate all constitutional provisions, such as those requiring majority voter approval in a referendum. This Act also outlines the process for amending the Constitution, requiring an absolute majority in the Legislative Assembly before a Bill can be presented to the Governor for assent.
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The role of the Governor
The Constitution of Queensland sets out and regulates the powers of the state's major institutions, including the role of the Governor. Queensland is a constitutional monarchy operating under the Westminster system, with a parliament composed of the Legislative Assembly and the King, who exercises legislative powers.
The Governor's powers are outlined in various constitutional documents, including the Constitution Act 1867, which specifies the powers and privileges of the Governor, the Legislative Council, and the Legislative Assembly. This Act also gives Parliament the power to alter the membership of the Legislative Council. The Constitution Amendment Act 1922, which ended the Queensland Legislative Council, and the Constitution of Queensland 2001, which consolidated and modernised the constitution, are also relevant to the Governor's role.
The Governor's reserve powers are also recognised, and they have the authority to dissolve the Assembly and call for a general election if necessary. Additionally, the Governor plays a role in the assent process for Bills, as they must be presented to the Governor for assent, and certain conditions must be met for the Bill to be valid.
Overall, the Governor of Queensland holds significant powers and responsibilities under the state's constitution, acting as the representative of the Crown and playing a key role in the state's governance.
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Legislative Council abolished in 1922
The Queensland Constitution can be amended. One notable amendment was the abolition of the Legislative Council in 1922, which ended a 63-year history.
The Legislative Council, also known as the Upper House, was a non-elected body that represented conservative policies and the interests of wealth and privilege. Its members were appointed for life by the governor, on the advice of the government of the day.
In 1915, Queensland's first majority Labor Government came into power with a robust program of social and economic reform. This set the stage for confrontation with the Upper House, which was cautious of these reforms and potentially obstructionist. From 1915 to 1920, the political process repeatedly ground to a halt over an escalating dispute about the powers of the respective Houses.
In November 1915, Premier Ryan announced the introduction of a Bill to amend the Constitution by abolishing the Legislative Council. This Bill was passed by both Houses of the Queensland Parliament on 3 November 1921 and assented to by King George V on 5 November. The Act was proclaimed on 23 March 1922, officially abolishing the Legislative Council and leaving Queensland with a unicameral parliament, the only one in Australia.
The abolition of the Legislative Council was facilitated by members known as the "suicide squad", who were specially appointed to vote the chamber out of existence. This ensured that Queensland's Parliament would be the only Australian single-chamber legislature.
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Queensland's status as a constitutional monarchy
Queensland is one of the six founding states of Australia and has been a federated state subject to the Australian Constitution since 1 January 1901. It is a parliamentary constitutional monarchy, with the Constitution of Queensland setting out the operation of the state's government.
The state's constitution contains several entrenched provisions that cannot be changed without a referendum. Queensland's system of government is influenced by the Westminster system and Australia's federal system of government. The current monarch of Queensland is King Charles III, who is represented by the Governor of Queensland, Jeannette Young. The governor is appointed by the monarch on the advice of the Premier of Queensland. The Premier is the state's head of government and, along with the Cabinet of Queensland, exercises executive authority in practice.
The Constitution of Queensland 2001 came into effect on 6 June 2002 (Queensland Day). This statute consolidated the many Acts and other instruments that had previously comprised Queensland's constitutional law. The Constitution of Queensland sets out and regulates the powers of the major state institutions, including the parliament, executive, and judiciary.
Queensland's judiciary consists of the Supreme Court of Queensland and the District Court of Queensland, established by the Queensland Constitution, as well as other lower courts and tribunals established by legislation. The Supreme and District Courts are headquartered at the Queen Elizabeth II Courts of Law in Brisbane's CBD.
The Queensland Constitution can be amended in most cases by the Queensland Parliament through the passage of legislation. However, some sections are "'entrenched," requiring a referendum and legislative amendment before changes can be made. These sections include the re-establishment of the Legislative Council, alterations to the three-year parliamentary term, and the status of the Legislative Assembly and the Office of Governor.
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Frequently asked questions
The Queensland Constitution sets out and regulates the powers of the major state institutions of the Australian state of Queensland. It is a written constitution, with most provisions contained within the Constitution of Queensland 2001 (Qld).
The Queensland Constitution has been amended several times since its establishment. Notable amendments include the Constitution Act Amendment Act of 1922, which abolished the Upper House of the Legislative Council, and the Constitution Act Amendment Act of 1934, which ensured that the life of any Parliament could not extend beyond three years.
The process for amending the Queensland Constitution is outlined in the Constitution Act 1867. Any Bill for altering the Constitution must be passed at its second and third readings by two-thirds of the members of the Council and Assembly and be reserved for Royal Assent.
There are certain limitations and special procedures in place for amending the Queensland Constitution. For example, the approval of the majority of electors at a referendum may be required for certain amendments, and the Constitution Act Amendment Act 1934 prevents the re-establishment of the Upper House except in accordance with its provisions.
