Jonah Patel
The Victorian Constitution, or the Constitution Act 1975, forms the basis of democracy and responsible government in Victoria, Australia. It outlines the fundamental rules governing the Crown, the Legislative Council, the Legislative Assembly, local government, the Supreme Court, and the executive. Amendments to the Victorian Constitution are made through the passage of amendments to the Constitution Act 1975 by the Victorian Parliament. This process has been utilised over 120 times since 1975 to modify various aspects of the constitution, including parliamentary membership, voter eligibility, and the powers of the Legislative Council. The Victorian Constitution has a rich history, dating back to its original drafting in 1854, and has undergone a significant transformation since Victoria became a state in the Commonwealth of Australia in 1901, adapting to the changing needs and values of its citizens.
| Characteristics | Values |
|---|---|
| Name of the constitution | Constitution Act 1975 |
| Previous versions | Victorian Constitution Act 1855 (UK) |
| Amendments | Been amended over 120 times |
| Recent amendment | In 2003 to entrench certain provisions, such as the representation of Victorian voters in Parliament |
| Amendment process | Parliament must pass amendments to the Constitution Act 1975 |
| Amendment requirements | Some parts of the Constitution can only be changed if certain requirements are met |
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What You'll Learn
Amendments to the Victorian Constitution Act 1975
The Victorian Constitution, officially the Constitution Act 1975, provides the framework for democracy and responsible government in Victoria, Australia. It sets out the basic rules relating to the Crown, the Legislative Council, the Legislative Assembly, local government, the Supreme Court and the executive.
Some parts of the Constitution can only be changed if certain requirements are met. For example, in 2003, the 1975 Constitution was amended to entrench provisions such as the representation of Victorian voters in Parliament. This required amendments to be made to the Constitution Act 1975.
Since 1901, when Victoria became a state in the Commonwealth of Australia, the relationship between Victoria and the Commonwealth has been regulated by the federal Constitution of Australia. The jurisdiction of the Parliament of Victoria to make laws and the laws of Victoria are subject to limitations imposed by the Australian Constitution.
The original Victorian Constitution was drafted and approved in Melbourne in March 1854 by the first Victorian Legislative Council and sent to the United Kingdom for assent. It was received in London in May 1854 and, after some opposition and delay, was approved with amendments as an Act of the British Parliament in 1855. The Victorian Constitution received Royal Assent from Queen Victoria on 16 July 1855 and took effect in Victoria on 23 November 1855.
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Changes to outdated clauses
The Victorian Constitution, or the Constitution Act 1975, has been amended over 120 times since its inception. It provides the framework for democracy and responsible government in Victoria, Australia, and outlines the basic rules relating to the Crown, the Legislative Council, the Legislative Assembly, local government, the Supreme Court, and the executive.
The original Victorian Constitution was drafted and approved in Melbourne in March 1854 by the first Victorian Legislative Council and was sent to the United Kingdom for assent. It was received in London in May 1854 and, after facing some opposition and delays, was approved with amendments as an Act of the British Parliament in 1855. This was known as the Victoria Constitution Act 1855 (UK), and it formally took effect in Victoria on 23 November 1855.
The 1855 Constitution was amended numerous times by the Victorian Parliament. Changes included updates to parliamentary membership numbers, voter eligibility criteria, payment of members, voting methods, size of the ministry, electorate numbers, and the powers and responsibilities of the Legislative Council and the Legislative Assembly.
In 1975, the Hamer Government introduced a new Constitution as an Act of the Parliament of Victoria, replacing the 1855 Constitution. This new Constitution Act 1975 received royal assent on 22 October 1975. It included changes to outdated clauses, and there was bipartisan support for passing it as an Act of the Victorian Parliament.
Since then, the 1975 Constitution has undergone further amendments to entrench specific provisions. For example, in 2003, amendments were made to protect the representation of Victorian voters in Parliament. Additionally, during the 2022 Victorian state election, there was a commitment to amend the Constitution to safeguard public ownership of the revived State Electricity Commission, making it more challenging for future privatisation.
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The role of the UK Parliament
The Victorian Constitution, officially the Constitution Act 1975, is the constitution of the state of Victoria, Australia. The document provides a framework for democracy and responsible government in Victoria. The Constitution Bill 1975 contained the text of the original Victorian Constitution, which was drafted and approved in Melbourne in March 1854 by the first Victorian Legislative Council. It was then sent to the United Kingdom for assent and received in London in May 1854. After some opposition and delay, it was approved as an Act of the British Parliament in 1855. On 16 July 1855, the Victorian Constitution was given Royal Assent by Queen Victoria, and the Victoria Constitution Act 1855 (UK) formally took effect in Victoria on 23 November 1855. The Act stipulated that the Parliament of Victoria would have a Legislative Council and a Legislative Assembly.
After the Victorian Constitution received Royal Assent and took effect in 1855, the UK Parliament could still pass laws that applied to Australia and its states and territories, including Victoria. This continued even after the Australian colonies, including Victoria, formed the Commonwealth of Australia in 1901. The Victorian Constitution, as an Act of the British Parliament, could be amended by the Victorian Parliament from time to time. However, the jurisdiction of the Victorian Parliament to make laws and the laws of Victoria became subject to limitations imposed by the Australian Constitution.
In summary, while the Victorian Constitution has undergone numerous amendments since its inception, the UK Parliament played a crucial role in its initial passage and continued to exert influence over Victorian laws even after the formation of the Commonwealth of Australia. Today, amendments to the Victorian Constitution are made by passing amendments to the Constitution Act 1975 by the Victorian Parliament.
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Limitations imposed by the Australian Constitution
The Victorian Constitution, officially the Constitution Act 1975, provides the framework for democracy and responsible government in Victoria. It sets out the basic rules relating to the Crown, the Legislative Council, the Legislative Assembly, local government, the Supreme Court, and the executive. The Victorian Constitution was initially established as an Act of the British Parliament in 1855, as Victoria was then a British colony. However, it has since been amended and is now an Act of the Victorian Parliament.
The Australian Constitution imposes several limitations and restrictions on the Victorian Constitution and the powers it grants. Firstly, the Australian Constitution gives power to the Commonwealth Parliament to make laws for the "peace, order, and good government of the Commonwealth" under Section 51. This includes the 'races' power, which allows the Commonwealth to legislate for the Aboriginal and Torres Strait Islander peoples. However, Section 116 prohibits the Commonwealth from establishing any religion or imposing religious observances, protecting the right of a person to have no religion.
Additionally, the Australian Constitution provides the Governor-General with specific powers, including dissolving Parliament, refusing assent to bills, and dismissing government ministers. While constitutional conventions mandate that the Governor-General acts on ministerial advice, they may exercise reserve powers in exceptional circumstances without such advice. These reserve powers include commissioning a Prime Minister when no party has a majority in the House of Representatives and dismissing a Prime Minister.
The Australian Constitution also impacts the House of Representatives and the Senate. While representation in the House of Representatives is based on population, the 'original states' have equal numbers in the Senate, and both houses generally have equal power. However, the Senate has restrictions in financial matters, such as not being able to amend supply Bills or initiate Bills to impose taxation.
Lastly, the Australian Constitution's impact on the Victorian Constitution is evident in the process of constitutional amendment. To amend the Victorian Constitution, a Bill must be approved by a majority of electors overall and a majority of electors in a majority of states, demonstrating the federal nature of the process. These limitations and provisions in the Australian Constitution shape and constrain the Victorian Constitution and the functioning of the Victorian government.
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Protecting public ownership
The Constitution of Victoria is the constitution of the state of Victoria, Australia. The current constitution, the Constitution Act 1975, has been amended over 120 times. The Constitution provides the framework for democracy and responsible government in Victoria. It sets out the basic rules relating to the Crown, the Legislative Council, the Legislative Assembly, local government, the Supreme Court, and the executive.
To change the Constitution, Parliament must pass amendments to the Constitution Act 1975. Some parts of the Constitution can only be changed if certain requirements are met. For example, in 2003, the 1975 Constitution was amended to require a referendum for any changes to the representation of Victorian voters in Parliament.
In 2022, there was a bid by Victorian Labor to amend the Constitution to protect public ownership of the State Electricity Commission (SEC), which was privatized in the 1990s. Daniel Andrews, Victoria's premier, pledged to introduce legislation to amend the Constitution to ensure that the SEC could not be sold again. This would require a "super majority" in the future parliament to privatize the SEC, with 60% of members of both the lower and upper houses needing to pass the legislation.
While this move was supported by Labor, a constitutional law expert warned that it could face a future high court challenge. Prof George Williams, a constitutional law expert from the University of New South Wales, stated that entrenching a policy outcome in a state constitution was "unusual" and not common in other state constitutions. He also cautioned that it was not guaranteed that the "special majority would stick for future parliaments," and there could be high court litigation.
To protect public ownership in the Victorian Constitution, amendments could be made to include provisions that explicitly prevent the privatization of certain public assets or industries. This could involve specifying which assets or industries are protected and outlining the conditions under which they cannot be sold or transferred to private ownership. Additionally, the Constitution could be amended to require a higher threshold for any future attempts to privatize public assets, similar to the "super majority" proposed by Daniel Andrews. This could involve requiring a special majority vote, a referendum, or other mechanisms to ensure that any changes to public ownership have broad support from the people of Victoria.
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Frequently asked questions
The Victorian Constitution (officially the Constitution Act 1975) provides the framework for democracy and responsible government in Victoria, Australia.
To change the Constitution, Parliament must pass amendments to the Constitution Act 1975.
Yes, the Constitution Act 1975 has been amended over 120 times. The 1855 Constitution, an Act of the British Parliament, was also amended by the Victorian Parliament.
Amendments can include parliamentary membership numbers, voter eligibility, payment of members, voting methods, size of the ministry, electorate numbers, and the powers and responsibilities of the Legislative Council and the Legislative Assembly.
Amendments are often made to address outdated clauses and to entrench certain provisions. For example, during the 2022 Victorian state election, Labor Premier Daniel Andrews committed to amending the state's constitution to protect public ownership of the revived State Electricity Commission.
