
The Australian Constitution, which came into force in 1901, unified six separate colonies/states into a single federated nation, establishing Australia as a constitutional monarchy with a democratic form of government. The Constitution is the highest law in Australia, providing the framework for the country's governance and influencing various aspects of Australian society, including education, healthcare, and infrastructure. It defines the rules for the government's structure and function, outlining the systems and powers of the different branches of government, including the legislature, executive, and judiciary. The Constitution also empowers the Parliament to create laws on a range of topics, from foreign affairs and defence to personal matters like unemployment benefits and marriage. As such, it has had a significant impact on the lives of Australians and continues to shape the country's political and legal landscape.
| Characteristics | Values |
|---|---|
| Creation of a new central political body | The Commonwealth |
| Division of power | Between the Commonwealth and the states |
| Minimum ground rules | For the political system to work within |
| Democratic form of government | Guaranteeing the right to vote |
| Provides the framework | For the government to operate within |
| Enables Parliament to make laws | On matters both national and personal |
| Can be amended | By following the referendum procedure in Section 128 |
| Basis for everyday laws and regulations | In areas like education, healthcare, and infrastructure |
| Basis for the judiciary | High Court of Australia |
| Basis for the executive government | Headed by the Prime Minister |
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What You'll Learn

The Constitution created a federal system
The Australian Constitution, which came into force in 1901, established Australia as a federation and a federal system. This federation united the six previously separate colonies/states of Australia into a single nation.
The Constitution establishes a federal system by dividing power between the Commonwealth and the states. It provides for a Commonwealth parliament or legislature, a Commonwealth executive government, and a judiciary, specifically a High Court of Australia.
The Constitution is the highest law in Australia and forms the foundation of Australia's system of government. It includes rules about the makeup of the Australian Parliament, what it can make laws about, and how power is shared. The Constitution enables the Parliament to make laws on certain topics, including national issues like foreign affairs, defence, and taxes, as well as more personal matters like unemployment benefits, marriage and divorce, pensions, and immigration.
The federal government can also provide various schemes and subsidies through these powers, such as Medicare, the National Disability Insurance Scheme (NDIS), Job Seeker, aged care, childcare, hospital care, and pharmaceutical services. The Constitution thus significantly influences Australians' everyday lives by providing the framework for laws and regulations governing many aspects of Australian society, including education, healthcare, and infrastructure.
The Constitution can be amended by following a referendum procedure, which requires a double majority: a nationwide majority and a majority of voters in a majority of states. This process ensures that any changes to the federal system established by the Constitution reflect the will of the Australian people.
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It established a democratic government
The Australian Constitution, which came into effect on 1 January 1901, established a democratic government by creating a framework for a representative democracy. This framework includes rules about the makeup of the Australian Parliament, its law-making powers, and how power is shared.
Prior to the Constitution, Australia was six separate colonies or states. The Constitution brought these colonies together into a federation, creating a new national political body called the Commonwealth. The Constitution defines Australia as a constitutional monarchy, with the King of England as the head of state.
The Constitution guarantees the people the right to vote and ensures that members of Parliament are elected. It establishes a Commonwealth Parliament or legislature, an executive government headed by the Prime Minister, and a judiciary, specifically a High Court of Australia.
The Constitution enables the Parliament to make laws on a range of topics, including national issues such as foreign affairs, defence, and taxes, as well as personal matters like unemployment benefits, marriage and divorce, pensions, and immigration. Through these powers, the federal government can provide various schemes and services to the Australian people.
The Australian Constitution can be amended through a referendum, where the government must gain the approval of the Australian people for any changes. This process allows for the evolution of the document to meet the changing needs of the country.
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It protects some human rights
The Australian Constitution, which came into force in 1901, brought together the six Australian colonies into a federation. It establishes Australia as a federal system with a division of power between the Commonwealth and the states.
The Constitution is the highest law in Australia and significantly influences everyday life. It provides the foundation for laws and regulations governing many aspects of Australian society, including education, healthcare, and infrastructure.
While Australia lacks a Bill of Rights, the Constitution does protect some human rights. The framers of the Constitution placed their faith in the institutions of representative and responsible government to protect human rights. The Constitution establishes a democratic form of government, guaranteeing the people the right to vote.
The High Court has interpreted the Constitution as implying certain rights, such as the freedom for individuals to discuss and debate political issues. Additionally, the Australian common law, inherited from the United Kingdom, provides strong protections for freedom of speech related to public affairs and political matters.
The Australian Constitution also enables the Parliament to make laws on certain topics, including foreign affairs, defence, taxes, unemployment benefits, marriage and divorce, pensions, and immigration. Through these powers, the federal government can provide schemes and services that promote human rights, such as Medicare, the National Disability Insurance Scheme (NDIS), and subsidised childcare and healthcare.
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It provides the foundation for laws and regulations
The Australian Constitution is the highest law in Australia. It provides the foundation for laws and regulations governing many aspects of Australian society, including education, healthcare, and infrastructure. It is a set of rules by which Australia is run. It establishes Australia as a federation, a constitutional monarchy, and a representative democracy.
The Constitution defines the systems and rules for the government. It provides the framework within which the government can operate. It brought together the six Australian colonies into a federation and created a new national or central political body called the Commonwealth. It provides for a Commonwealth parliament or legislature and a Commonwealth executive government, which is headed by the prime minister.
The Australian Constitution enables the Parliament to make laws on certain topics. It gives the Parliament the power to make laws on matters both national and personal. These include big issues like foreign affairs, defence, and taxes, as well as more personal matters like unemployment benefits, marriage and divorce, pensions, and immigration. Through these powers, the federal government can provide schemes like Medicare, the National Disability Insurance Scheme (NDIS), and Job Seeker, and subsidise aged care, childcare, hospital care, and pharmaceutical services.
The Constitution also provides for a judiciary, specifically a High Court of Australia. The Constitution gives the power to make and manage laws to three groups, including the judiciary, which consists of the High Court and other federal courts. The Constitution can be amended by following the referendum procedure set out in Section 128. If the federal government wants to change the Constitution, it has to ask the Australian people through a referendum. A successful referendum may pave the way for the government to change existing laws or create new laws relating to the amended Constitution.
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It can only be changed by referendum
The Australian Constitution is a legal document that establishes the key institutions of government and outlines how Australia is governed. It is the highest law in the country, and it significantly influences Australians' everyday lives. The Constitution establishes Australia as a federation, with power divided between the Commonwealth and the states.
The Constitution can only be changed through a referendum, which is a vote by the Australian people. This means that any changes to the Constitution require the approval of the people. This process ensures that the Australian people have a direct say in any amendments made to the country's foundational document.
To amend the Constitution, a referendum must achieve a 'double majority'. This means that a majority of voters across all states and territories (a national majority) must approve the changes, and a majority of voters in at least four out of six states must also approve. This requirement for a double majority makes changing the Constitution a challenging task, and there have been relatively few successful amendments. As of 2023, there have been 44 or 45 nation-wide referendums since 1901, and only eight of the proposed amendments have been carried.
The referendum process gives Australians a direct role in shaping the country's laws and future direction. For example, in 2023, a referendum was held to ask Australians whether the Constitution should be changed to include a recognition of the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice to Parliament. This referendum was unsuccessful, with voters writing 'yes' or 'no' on their ballot papers to indicate their preference.
The referendum process allows Australians to have a say in matters of national importance and ensures that any changes to the Constitution reflect the will of the people. It is a mechanism that balances the need for a stable and enduring Constitution with the ability to adapt it to changing circumstances and societal values.
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Frequently asked questions
The Australian Constitution is the set of rules by which Australia is run. It is the foundation of Australia's system of government and includes rules about the makeup of the Australian Parliament, what it can make laws about, and how power is shared. It is the highest law in Australia and establishes a democratic form of government, guaranteeing citizens the right to vote.
The Australian Constitution brought six Australian colonies together into a federation, creating Australia as a single nation. It established a central political body called the Commonwealth, which consists of a Commonwealth parliament and an executive government. The Constitution also provides for a judiciary, specifically a High Court of Australia.
The Australian Constitution can only be changed with the approval of the Australian people through a referendum. This is a special vote that allows Australians to have a direct say in any proposed changes to the Constitution. The referendum procedure is set out in Section 128 of the Constitution, requiring a double majority: a nationwide majority, as well as a majority of voters in a majority of states.















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