Simone Lawson
The Australian Constitution has been in operation since the federation of the Australian colonies in 1901. It establishes the framework for the country's main political institutions, including the legislature, executive, and judiciary, and outlines their respective powers and relationships. The Constitution is divided into eight chapters, encompassing 128 sections in total. Each chapter covers specific aspects of governance and the functioning of the Australian political system.
| Characteristics | Values |
|---|---|
| Number of Chapters | 8 |
| First Chapter | The Parliament |
| First Chapter Sections | 60 |
| First Chapter Sections Organisation | 5 parts |
| First Chapter Purpose | Establishes the Parliament of Australia and its role as the legislative branch of the Government of Australia |
| Second Chapter | The Executive Government |
| Second Chapter Purpose | Deals with the Executive Government, the branch of government which carries out and enforces the laws |
| Third Chapter | The Judicature |
| Third Chapter Purpose | Provides for the establishment of the Judicature, the branch of government dealing with the courts of law |
| Fifth Chapter | The States |
| Fifth Chapter Purpose | Deals with the States, providing for the continuance of their constitutions, parliamentary powers and laws |
| Sixth Chapter | New States |
| Sixth Chapter Purpose | Deals with the procedures for the establishment of new States and provides for the surrender of territories to the Commonwealth by States |
| Seventh Chapter | Miscellaneous |
| Seventh Chapter Topics | Two sections, one dealing with the establishment of the seat of government, the other providing for the appointment of deputies of the Governor-General |
| Eighth Chapter | Alteration of the Constitution |
| Eighth Chapter Purpose | Deals with Alteration of the Constitution, providing that proposals for constitutional alteration be initiated by the Parliament and approved in a referendum by a majority of voters Australia-wide and a majority of voters in a majority of States |
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What You'll Learn
Chapters outline powers of legislature, executive and judiciary
The Australian Constitution is divided into eight chapters, with the first three outlining the powers of the legislature, executive, and judiciary. This division has been interpreted by the High Court as giving rise to the separation of powers doctrine in Australia, most strongly between the judiciary and the other two powers.
Chapter I, 'The Parliament', establishes the legislative branch of the government, comprising the monarch, the Senate, and the House of Representatives. It determines the number of representatives for each body, stipulating that they are to be directly chosen by the electorate. The representatives are apportioned with each electorate of the House of Representatives being equally represented by population, while senators are allocated unevenly between "original states", territories, and future states.
Chapter II, 'The Executive Government', outlines the powers of the executive branch. Executive power is vested in the monarch and exercised by the governor-general, who has the authority to appoint and dismiss ministers and serves as the Commander-in-Chief of the Australian armed forces. The governor-general also appoints the Federal Executive Council and acts with its advice.
The third chapter, 'The Judiciary', defines the role and powers of the judiciary, which interprets and enforces the laws, ensuring their fair and impartial application. While the specific chapter details are not mentioned, the separation of powers between the judiciary and the other branches of government is emphasised.
These first three chapters of the Australian Constitution are crucial in outlining the structure and functions of the key pillars of Australia's system of government, ensuring a balance of powers and a system of checks and balances.
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Chapter I: The Parliament
The Australian Constitution is divided into eight chapters, with 128 sections in total. Chapter I, 'The Parliament', establishes the legislative branch of the Australian government. It consists of the monarch, the Senate, and the House of Representatives.
Chapter I outlines the number of representatives for each body, specifying that they are to be chosen directly by the electorate. The division of representatives is apportioned differently between the House of Representatives and the Senate. Each electorate of the House of Representatives is divided equally by population, ensuring equal representation. On the other hand, senators are distributed unevenly between the "original states", the territories, and future states (of which none currently exist). This distribution method allows for varying representation across different areas.
The powers of the governor-general, who acts under the authority of the monarch, are also outlined in Chapter I. The governor-general can summon, prorogue, or dissolve Parliament and has the power to give or refuse royal assent to federal bills. They can appoint deputies and dismiss ministers. Additionally, they are responsible for matters like eligibility for voting or standing in elections and parliamentary procedures and allowances.
The Constitution also addresses the inclusion of Indigenous Australians. In 1967, a referendum resulted in the removal of a provision that excluded "aboriginal natives" from headcounts for electoral purposes. This reform ensured that all Indigenous Australians were included in population counts for constitutional purposes. There have been further proposals to amend the Constitution to recognise Indigenous Australians better, such as guaranteed parliamentary representatives and a constitutionally recognised voice.
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Chapter II: The Executive Government
The Australian Constitution is divided into eight chapters, which collectively contain 128 sections. Chapter II, 'The Executive Government', sets down the powers of the executive government. Executive power is vested in the monarch and is exercised by the governor-general, who is the Commander-in-Chief of the Australian Armed Forces and appoints the Federal Executive Council. The governor-general acts with the advice of the Federal Executive Council, and the Constitution grants them the power to appoint and dismiss ministers.
The governor-general's power extends to the execution and maintenance of the Constitution and the laws of the Commonwealth. They may appoint officers to administer departments of the State, who will hold office during the governor-general's pleasure and be members of the Federal Executive Council. These officers are the Queen's Ministers of State for the Commonwealth.
After the first general election, no Minister of State shall hold office for longer than three months unless they become a senator or a member of the House of Representatives. The Ministers of State shall not exceed seven in number, and there shall be an annual sum of twelve thousand pounds per year payable to the Queen for their salaries.
The Constitution does not explicitly set out the constitutional conventions of responsible government, which require the governor-general to act on the advice of ministers, and the existence of the cabinet and the prime minister.
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Chapter VIII: Alteration of the Constitution
The Australian Constitution is divided into eight chapters, which collectively contain 128 sections.
Chapter VIII of the Australian Constitution outlines the process for amending the Constitution. It is a single section that prescribes the requirements for altering the Constitution. This chapter ensures that any changes to the Constitution are made through a rigorous and democratic process, protecting the integrity and stability of Australia's system of government.
The chapter stipulates that alterations to the Constitution can only occur through a referendum bill being approved in a national referendum. This referendum requires a "double majority" to be valid, which consists of a majority of votes nationally and a majority of votes in a majority of states. This safeguard ensures that any changes to the Constitution reflect the will of the people across the country and not just in certain regions.
Furthermore, Chapter VIII includes specific provisions to protect the representation of states. It states that no alteration shall diminish the proportionate representation of any state in either House of Parliament or the minimum number of representatives of a state in the House of Representatives. Additionally, it prevents alterations from increasing, diminishing, or otherwise altering the limits of a state or affecting the relevant provisions of the Constitution. To become law, any proposed alteration must be approved by a majority of electors in the affected state.
The chapter also outlines the procedure for enacting alterations. A proposed law for alteration must be passed by an absolute majority in both houses of Parliament. After its passage through both houses, the proposed law is then submitted to the electors in each state and territory who are qualified to vote for the election of members of the House of Representatives. This process ensures that any changes to the Constitution are subject to rigorous scrutiny and approval at both the national and state levels.
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Chapters V-VII: The States, New States, and Miscellaneous
The Australian Constitution is composed of several chapters, and Chapters V, VI, and VII cover important topics relating to the states, the potential creation of new states, and miscellaneous matters. These chapters play a significant role in outlining the powers and responsibilities of the states within the federal system of government in Australia.
Chapter V of the Australian Constitution is dedicated to the states and their respective powers and responsibilities. This chapter recognizes the existence of the six colonies-turned-states that existed at the time of federation: New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia. Each state is considered a 'state of the Commonwealth' and retains a level of autonomy in managing its own affairs. The chapter outlines the requirements for uniform laws across the states in certain areas, such as the recognition of laws, public acts, and records. It also addresses issues related to the borrowing of money by the states and the extent of state powers.
Chapter VI focuses on the potential creation of new states and the process by which this can occur. This chapter provides a mechanism for the admission of new states into the Commonwealth. It outlines the requirements and procedures for the formation of new states, including the need for a majority vote of both houses of the Parliament and the approval of the majority of voters in the affected state. This chapter also addresses the situation where a new state may be formed by the division or alteration of existing state boundaries.
Chapter VII, titled 'Miscellaneous', covers a range of additional matters that do not fall under the preceding chapters. This chapter includes provisions related to the recognition of certain rights and privileges, such as the right to trial by jury and just compensation for the acquisition of property. It also addresses issues like the recognition of treaties, the conduct of trade and commerce, and the recognition of naval and military forces. Chapter VII provides a framework for addressing matters that may arise in the future, ensuring flexibility in the Constitution.
These chapters are integral to the functioning of Australia's federal system, which balances the powers of the central government and the states. They provide a framework for state autonomy, the potential evolution of the country's map through the creation of new states, and the protection of certain rights and privileges. The 'Miscellaneous' chapter, in particular, showcases the foresight of the Constitution's drafters, who anticipated the need for adaptability in governing a diverse and evolving nation.
In conclusion, Chapters V, VI, and VII of the Australian Constitution are crucial components of the country's governing document. They outline the role of the states within the federation, provide a pathway for the creation of new states, and address a range of miscellaneous matters essential to the functioning of Australia's system of government. These chapters reflect the unique nature of Australia's federalism and the compromise reached during the constitutional conventions of the late 19th century.
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Frequently asked questions
The Australian Constitution is divided into eight chapters.
The Australian Constitution establishes the framework of the main political institutions – the legislature, executive, and judicature – the relationships between them, and the powers of the Federal Parliament in relation to the States. It has been in operation since the federation of the Australian colonies in 1901.
The first three chapters state the respective powers of the legislature, executive, and judiciary. Other chapters deal with the states, new states, miscellaneous matters, and the alteration of the Constitution.
