Omar Bennett
The Australian Constitution, also known as the Commonwealth of Australia Constitution Act 1900, is the supreme law in Australia. It outlines the structure and powers of the Australian government and is divided into 128 sections, spanning 23 pages. The Constitution has been amended eight times since its inception and continues to be a subject of contemporary debate, with proposals to recognise Indigenous Australians and establish a republic. The document can be amended only through a referendum, requiring a double majority of voters nationwide and in a majority of states.
| Characteristics | Values |
|---|---|
| Number of pages | 25 |
| Number of sections | 128 |
| Number of chapters | 8 |
| Number of covering clauses | 8 |
| Number of amendments | 8 |
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What You'll Learn
The Australian Constitution's length
The Australian Constitution, also known as the Commonwealth of Australia Constitution Act 1900, is a written document that outlines the foundation for all laws and basic rules governing Australia. It establishes the country as a federation under a constitutional monarchy and details the structure and powers of the Australian government's three parts: the executive, legislature, and judiciary.
The Constitution is divided into sections, with the first eight sections known as the "covering clauses". The second covering clause specifies that references to "the Queen" in the document refer to "Her Majesty's heirs and successors in the sovereignty of the United Kingdom". This clause has been interpreted differently, with some suggesting it ensures that the UK and Australian monarchies are held by the same person, while others argue it simply extends the reference to include any lawfully recognised monarch under Australian succession law.
The Australian Constitution consists of 128 sections, which are further divided into eight chapters. The first two pages of the Act contain the nine clauses of the British Act, while the remaining 23 pages encompass the 128 Sections of the original Australian Constitution. The Constitution has been amended eight times since its inception, with proposals for further amendments to recognise Indigenous Australians and establish an Indigenous Voice to Parliament being the subject of contemporary debate.
The length of the Australian Constitution, at 25 pages in total, provides a concise yet comprehensive framework for the nation's governance. It serves as a fundamental reference text for understanding the laws and principles that shape Australia's political and legal landscape.
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Amendments to the Constitution
The Australian Constitution, which came into effect on 1 January 1901, is the supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts: the executive, the legislature, and the judiciary. The Constitution is the primary source of Australian constitutional law, but it operates alongside constitutional conventions, state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, prerogative instruments, and judicial interpretations of these laws by the High Court.
The original Australian Constitution has been amended eight times, in 1907, 1910, 1929, 1946, 1967, and three amendments in 1977. Amendments to the Constitution can only be made with the agreement of a majority of voters in a majority of states, through a referendum bill approved at a national referendum. This process is outlined in Chapter VIII of the Constitution, which is dedicated to the alteration of the Constitution.
One notable amendment occurred in 1967 when Section 127, which excluded "aboriginal natives" from headcounts for electoral purposes, was removed by referendum. This reflected a shift towards recognising the rights of Indigenous Australians, although ongoing debates continue regarding further formal recognition and representation in Parliament.
Another significant amendment occurred in 1986 with the passage of the Commonwealth Australia Act, which ended appeals from the High Court to the Privy Council for all matters. This affirmed the independence of the Australian judicial system from the UK, addressing concerns about local influences and potential embarrassment to the British Empire.
The Western Australia Government's 1934 petition to amend the Constitution Act to allow it to withdraw from the Federation was rejected by the British Parliament, upholding the unity of the Commonwealth of Australia. This demonstrates the rigorous process and high threshold for amending the Constitution, ensuring stability and continuity in Australia's governance.
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The Constitution's role in law
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the country's political structure. It establishes Australia as a federation under a constitutional monarchy with a parliamentary system. The Constitution plays a crucial role in shaping the country's legal landscape by outlining the structure and powers of the three key parts of the federal level of government: the Parliament, the Executive Government, and the Judicature.
One of the key roles of the Constitution is to define the division of powers between the federal, state, and territory governments. This division of powers is a fundamental principle in ensuring the rule of law for all citizens in Australian society. The Constitution also outlines the role of the federal parliament and the separation of powers between the legislature, executive, and judiciary branches of government. This separation of powers is essential for maintaining a balanced and effective system of checks and balances.
The Constitution sets out the basis for the establishment of the institutions of government in Australia. It establishes the Parliament, consisting of the Queen, a Senate, and a House of Representatives. The Constitution also addresses the role of the Governor-General, including their power to appoint and dismiss the Prime Minister in certain circumstances. While the Constitution does not specifically mention the role of the Prime Minister or Cabinet, the executive power of the federal government resides with them.
The Constitution has been amended several times to reflect the evolving nature of Australian law and society. For example, the Western Australian referendum was held after the Commonwealth of Australia Constitution Act became law, resulting in the wording of the Preamble to the Act addressing the Queen's role. The Constitution also underwent amendments to remove remaining constitutional links to the United Kingdom, with the passage of the Australia Act in 1986, ensuring Australia's full independence from the British Parliament and legal system.
In conclusion, the Australian Constitution plays a pivotal role in shaping the country's legal framework. It establishes the fundamental laws that govern the nation, defines the division of powers between different levels of government, outlines the roles of key institutions, and provides a mechanism for amendments to adapt to changing circumstances. The Constitution is the cornerstone of Australia's democratic system, ensuring the rule of law and protecting the rights of its citizens.
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The Constitution's recognition of Indigenous Australians
The Australian Constitution, which came into effect in 1901, is a written constitution that is the supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts: the executive, legislature, and judiciary. The original document is 25 pages long, with the first two pages outlining the nine clauses of the British Act, and the remaining 23 pages comprising the 128 Sections of the original Australian Constitution. These Sections are divided into eight chapters.
The Australian Constitution has been amended eight times since its inception, with the most notable changes concerning the recognition of Indigenous Australians.
Indigenous Australians have long advocated for their right to be heard and recognised in the Constitution. In 1958, the Federal Council for Aboriginal Advancement, the first united national Aboriginal advocacy group, began campaigning for constitutional change. In 1967, the Australian referendum changed the Constitution to include Aboriginal and Torres Strait Islander people in population counts and allowed the Federal Parliament to legislate specifically for this group. However, this amendment did not introduce new wording that explicitly recognised Indigenous Australians as the First Peoples of Australia.
In 1992, the high court decision, Mabo (no 2), recognised the past and continuing relationship of Aboriginal and Torres Strait Islander people with Australian land. This decision overturned the notion of 'terra nullius', which considered the land unoccupied before colonisation.
In 2010, the federal government established an Expert Panel to inquire into changing the federal Constitution to recognise Australia's Indigenous peoples. The idea of including Indigenous Australians in the Constitution was further supported by Prime Minister Julia Gillard during the 2010 federal election campaign.
In 2017, the Uluru Statement from the Heart was released by Indigenous leaders, calling for the establishment of an Indigenous Voice to Parliament as their preferred form of recognition. Despite this, the proposal was heavily defeated in a 2023 referendum.
The Australian Government remains committed to recognising Aboriginal and Torres Strait Islander Australians in the Constitution. The National Indigenous Australians Agency (NIAA) website states that the government supports a Voice co-designed by Aboriginal and Torres Strait Islander people, using the language of listening and empowerment. The government has also established the Senior Advisory Group (SAG) to facilitate an Indigenous voice to government via a "co-design process".
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The Constitution's recognition of the monarchy
The Australian Constitution, which came into force in 1900, establishes Australia as a federation under a constitutional monarchy. It outlines the structure and powers of the Australian government's three constituent parts: the executive, the legislature, and the judiciary.
The Constitution recognises the monarchy by providing for a Governor-General to be appointed to act on behalf of the King in Australia. While the King is the head of state, the Governor-General is Australia's de facto head of state and acts as the King's representative in the country. The Constitution also outlines the role of the Parliament, which consists of "the Queen, a Senate, and a House of Representatives". This is provided for in the first 60 sections of the Constitution, spanning from pages 3 to 13.
The Australian Constitution has been amended eight times since its inception to reflect the evolving nature of the nation's democratic institutions. The amendments took place in 1907, 1910, 1929, 1946, 1967, and three times in 1977. These amendments demonstrate the flexibility and adaptability of Australia's constitutional framework to accommodate the changing needs and circumstances of the nation.
As a constitutional monarchy, Australia recognises the monarchy as a key element of its democratic system. The monarchy provides a symbolic and unifying role, while the elected Parliament and other institutions exercise the legislative and executive powers outlined in the Constitution. This balance between tradition and modern democratic principles characterises Australia's system of government.
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Frequently asked questions
The Australian Constitution has 23 pages that outline the 128 Sections of the original Australian Constitution.
There are 128 sections in the Australian Constitution.
The Australian Constitution has been amended eight times, in 1907, 1910, 1929, 1946, 1967, and three amendments in 1977.
