Isabella Carter
The number of chapters in a constitution varies from country to country. For example, the Australian Constitution has 8 chapters, the South African Constitution has 14, and the US Constitution, being the oldest and shortest written constitution, does not seem to be divided into chapters. Some countries have unwritten constitutions, meaning there is no formal constitution written in a single document, while others have formal written constitutions that define the structure of the government and the powers of the nation and the states.
| Characteristics | Values |
|---|---|
| Number of Chapters | 8 |
| Number of Sections | 128 |
| Country | Australia |
| Year of Federation | 1901 |
| Chapters | I, II, III, IV, V, VI, VIII |
| Topics Covered | Law-making powers of the Parliament, executive government, federal courts, financial and trade matters, relationship between the Parliament and states, how the Constitution can be changed |
| Constitution Type | Written |
| Amendment Process | Referendum |
| Bill of Rights | No |
| Human Rights Mentioned | Right to compensation for government acquisition of property, guaranteed trial by jury for federal offences, freedom of religion |
| Other Constitutions | U.S. Constitution, South African Constitution, New Zealand Constitution, British Constitution |
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What You'll Learn
Chapters in the Australian Constitution
The Australian Constitution, also known as the Commonwealth Constitution, is divided into eight chapters, which collectively contain 128 sections. The Constitution was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia. The final draft was then approved by each state in a series of referendums from 1898 to 1900. It was enacted as section 9 of the Commonwealth of Australia Constitution Act 1900, an act of the Parliament of the United Kingdom.
The first three chapters of the Constitution outline the respective 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 government, which consists of the monarch, the Senate, and the House of Representatives. It provides for the number of representatives to attend each body, stipulating that they must be directly chosen by the electorate. Each electorate of the House of Representatives is apportioned equally by population, while senators are allocated unevenly between "original states", territories, and future states. Chapter I also defines the role of the monarch in relation to Parliament and provides for the powers of the Commonwealth parliament. While the Parliament is not granted plenary power by the Constitution, it includes a list of topics that the Commonwealth Parliament is permitted to legislate upon, known as the heads of power.
Chapter II, 'The Executive Government', outlines the powers of the executive government. Executive power is vested in the monarch and is exercisable by the governor-general, who appoints the Federal Executive Council and acts with its advice. The governor-general can appoint and dismiss ministers and is the Commander-in-Chief of the Australian armed forces. However, the Constitution does not explicitly set out the constitutional conventions of responsible government, such as the requirement for the governor-general to act on the advice of ministers and the existence of the cabinet and the prime minister.
Chapter III, 'The Judicature', establishes the judicial branch, vesting Commonwealth judicial power in a federal supreme court, known as the High Court of Australia.
Chapter VII, 'Miscellaneous', contains provisions on varied topics. Section 125 establishes Melbourne as the nation's temporary capital, while Section 106 permits the governor-general to appoint deputies. Notably, Section 127, which provided that "aboriginal natives" were not to be included in headcounts for electoral purposes, was removed by referendum in 1967.
Chapter VIII, 'Alteration of the Constitution', is a single section prescribing that alterations may only occur through a referendum bill approved at a national referendum.
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Chapters in the US Constitution
The US Constitution is the oldest and shortest written national constitution in the world. It was signed on September 17, 1787, by the Founding Fathers, a group of delegates or statesmen including past presidents like George Washington and Thomas Jefferson. The US Constitution is called the "Supreme Law of the Land" because it lays out the basic rules of the US government, and no other law is above it. The Constitution establishes the US government and determines its relationship with the people and the individual states. It also provides "checks and balances" among the three branches of government, ensuring that no one branch dominates the others.
The US Constitution consists of several articles, which are further divided into sections and clauses. Article 3 of the Constitution provides for a system of United States courts, including a Supreme Court, which is the highest court in the nation. The Supreme Court's most important job is to decide what laws are constitutional or unconstitutional. The Constitution also mentions the establishment of lower federal courts, including district courts (also called trial courts) and appellate courts.
The US Constitution has been amended several times to address new issues and reflect changing societal values. Amendments to the Constitution typically require broad bipartisan national support and are approved by a two-thirds vote in both houses of Congress before being ratified by the legislatures of three-quarters of the states. One notable amendment is the Nineteenth Amendment, which gave women the right to vote in 1920 after a lengthy campaign for reform. Another example is the Twenty-sixth Amendment, which lowered the voting age to 18 nationwide.
The US Constitution is a living document that has evolved over time to meet the needs of a changing society. It serves as a foundation for the US government and continues to shape the relationship between the government, the people, and the individual states.
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Chapters in the South African Constitution
The number of chapters in a constitution varies from country to country. For example, the Australian Constitution consists of 8 chapters and 128 sections, while the US Constitution, being the oldest and shortest written national constitution, is not divided into chapters but consists of 7 articles and 27 amendments.
The Constitution of South Africa, on the other hand, has 13 chapters, each covering different aspects of the country's governance and legal framework. Here is a detailed overview of the chapters in the South African Constitution:
Chapter Two: Bill of Rights
Chapter Two of the South African Constitution contains the Bill of Rights, which protects the civil, political, and socio-economic rights of all people in South Africa. This chapter includes sections on human dignity, freedom of expression, reproductive freedom, and the right to assemble, demonstrate, and petition.
Chapter Eight: The Judicial System
Chapter Eight establishes the structure of South Africa's judicial system, defining the hierarchy of courts, from Magistrates' Courts to the Constitutional Court. It outlines the appointment process for judges and establishes a National Prosecuting Authority for criminal prosecutions.
Chapter Nine: Democracy and Human Rights Support
Chapter Nine focuses on protecting and supporting democracy and human rights. It creates several commissions and offices, including the Public Protector, the South African Human Rights Commission, the Commission for Gender Equality, and the Independent Electoral Commission, each with specific mandates to uphold democratic values and safeguard human rights.
Chapter Ten: Administration of the Civil Service
Chapter Ten outlines the values and principles that guide the administration of South Africa's civil service. It establishes a Public Service Commission to oversee the implementation of these values and ensure efficient and effective public service delivery.
Chapter Thirteen: Transitional and Incidental Provisions
The final chapter, Chapter Thirteen, deals with transitional and incidental provisions. It addresses South Africa's relationship with international law, the continuity of existing agreements, and the application of customary international law. This chapter ensures that South Africa's national law is interpreted consistently with its international obligations.
The South African Constitution underwent amendments in 1998, with the implementation of the Constitution Second Amendment Act and the Constitution Third Amendment Act, which extended certain deadlines, renamed specific commissions, and allowed for the establishment of municipalities across provincial boundaries.
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Amendments to the US Constitution
The US Constitution, the oldest and shortest written national constitution, was signed on September 17, 1787, and ratified on June 21, 1788. It is called the "Supreme Law of the Land" as it lays out the fundamental rules of the US government, and no other law supersedes it. The Constitution was designed to limit government powers and establish rules for each part of the government. It provides "checks and balances" among the three branches of government, ensuring that no one branch dominates the others. For instance, the President can veto (or reject) bills passed by Congress.
The US Constitution has been amended several times since its inception. Amendments to the Constitution are changes made to the Constitution that are appended to the original document. There have been 27 amendments to the US Constitution, with approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Thirty-three amendments have been proposed by the US Congress and sent to the states for ratification, out of which 27 have been ratified by the requisite number of states and are now part of the Constitution. Six amendments have been adopted by Congress and sent to the states but have not been ratified by the required number of states. Four of those amendments are still pending, while one has failed by its terms and another has failed by the terms of the resolution proposing it.
The process of amending the Constitution typically involves proposing an amendment, passing it by a two-thirds majority vote in both the House and the Senate, and then sending it to the states for ratification. The last proposal to gain the necessary two-thirds support in both the House and the Senate was the District of Columbia Voting Rights Amendment in 1978. The Twenty-first Amendment, ratified in 1933, is the only amendment that explicitly repeals a previous amendment, the Eighteenth Amendment, which established the prohibition of alcohol.
The US Constitution also includes certain requirements for government officials. For example, it mandates that the President must be a natural-born citizen of the United States, at least 35 years old, and must have lived in the country for 14 years.
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Why a Constitution is Necessary
The Australian Constitution consists of 8 chapters and 128 sections. Similarly, the US Constitution is divided into several chapters, though the number of chapters is not specified.
A constitution is a valuable part of a country's history. It is a formal document that defines the structure of the government and establishes rules for each part of the government. It lays out the basic rules of the government and is the "Supreme Law of the Land". The constitution is necessary because it empowers people to make decisions about their own lives and limits the government's power. It establishes a "government of the people, by the people, and for the people", putting "we the people" in charge. It protects the natural and individual rights of everyone and acts as a check on the majority's power. The constitution is designed to limit the government's power and establish rules for each part of the government. It provides a "check and balance" among the three branches of government – legislative, executive, and judicial – to ensure that no one branch dominates the others. For instance, the US Constitution lays down that the President can veto (or reject) bills passed by Congress.
The constitution also lays down the fundamental rights of the citizens. For example, the Australian Constitution mentions some human rights, including the right to compensation if the government acquires your property, guaranteed trial by jury for federal offences, and freedom of religion.
The constitution is a living document that can be amended as needed. For example, the Australian Constitution can be changed by referendum. This flexibility allows the constitution to remain relevant and adaptable to the changing needs of the country.
The constitution is necessary for a modern state because it provides a framework for the functioning of the government and the protection of citizens' rights. It ensures that the government serves the people and that power is distributed among the various branches of the government. It also provides stability and continuity to the nation, helping to resolve disputes and interpret the law.
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Frequently asked questions
There are 8 chapters in the Australian Constitution.
The U.S. Constitution does not seem to be divided into chapters. However, it is the oldest and shortest written national constitution.
There are 14 chapters in the South African Constitution.
No, some countries have unwritten constitutions where constitutional rules come from a number of sources. For example, Britain's constitution is sourced from important laws, principles decided in legal cases, and conventions.
A written constitution defines the structure of the government and the powers of the nation and states in a single document. An unwritten constitution does not have a single document and may include traditions and conventions that inform how it is interpreted.
