Malcolm Rivera
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the country's political structure. It was drafted between 1891 and 1898 at a series of conventions attended by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, South Australia, and Tasmania. The Constitution describes the structure, role, and powers of the Australian Parliament, outlining a bicameral parliament with two houses, including the King (represented by the Governor-General), the Senate, and the House of Representatives. It also sets out the roles of the executive government and the High Court of Australia, as well as some rights of Australian citizens, such as religious freedom. The process of drafting the Constitution was driven by a growing sense of national pride and the desire to unite the disparate colonies into a single federated nation.
| Characteristics | Values |
|---|---|
| Date of enactment | 9 July 1900 |
| Date of coming into effect | 1 January 1901 |
| Number of chapters | 8 |
| Number of sections | 128 |
| Type of government | Parliamentary system |
| Type of federation | Constitutional monarchy |
| Number of colonies involved in drafting | 6 |
| Names of colonies involved in drafting | New South Wales, Victoria, Queensland, South Australia, Tasmania, Western Australia |
| Number of conventions | 3 |
| Years of conventions | 1891, 1897-1898, 1899-1900 |
| Number of referendums | 2 |
| Years of referendums | 1898-1900 |
| Number of votes in referendums | 573,865 |
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What You'll Learn
The 'Father of Federation'
The process of drafting the Australian Constitution began in the 1890s, with a series of conventions attended by delegates from each of the six self-governing British colonies in Australia: Queensland, New South Wales, Victoria, Tasmania, South Australia, and Western Australia. The colonies of Fiji and New Zealand were also initially part of this process but later decided not to join the federation.
The Australasian Federation Conference in Melbourne in 1890 agreed that the interests of the Australian colonies would be served by a union under the Crown. This was followed by the first National Australasian Convention in Sydney in 1891, which was attended by delegates from each of the colonies and the New Zealand Parliament.
The draft constitution was written by Sir Samuel Griffith, the then-Premier of Queensland, and was based on a version written by Tasmanian delegate Andrew Inglis Clark. Clark's draft was influenced by the United States Constitution and several British Acts, resulting in Australia's hybrid system of government, colloquially known as "Washminster" (a portmanteau of Washington and Westminster).
Sir Henry Parkes, the Premier of the Colony of New South Wales, was a key figure in the process of federation and is often regarded as the "Father of Federation". He promoted a series of conferences to discuss federalism, including the Australasian Federation Conference in 1890 and the National Australasian Convention in 1891, which he also presided over.
Parkes' commitment to the federation cause was second only to that of Sir Edmund Barton, who became the first Prime Minister of Australia. During the convention, Barton coined the catchcry, "a nation for a continent and a continent for a nation".
The draft constitution was submitted to colonial parliaments, but it lapsed in New South Wales, causing the other colonies to hesitate. The process of federation was further stalled by the economic depression of the 1890s. However, groups such as the Australian Federation League in New South Wales continued to advocate for Federation.
The second Constitutional Convention, held from 1897 to 1898, produced a new draft that included provisions for responsible government. This draft became the basis for the final constitution. It was approved by each state in a series of referendums from 1898 to 1900 and was transmitted to London, where it was passed by the British Parliament as the Commonwealth of Australia Constitution Act 1900. The Constitution came into force on 1 January 1901, marking the unification of the six colonies into a single federated nation under the Crown.
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The 1891 draft
The possibility of Australian Federation had been discussed for many years, but it was not until 1890, at the Australasian Federation Conference, that the colonies decided on a process for the drafting of a federal constitution. The 1891 draft was drawn up at a conference in Sydney under the guidance of Sir Samuel Griffith, the Queensland Premier. This conference was attended by most colonial leaders and marked a shift in momentum towards federalism. However, these early meetings lacked popular support and the 1891 draft was criticised for sidestepping critical issues like tariff policy.
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The 1898 convention
The Australian Constitution was drafted between 1891 and 1898 at a series of conventions. The 1898 convention, also known as the Australasian Federal Convention, was held in stages from 1897 to 1898. It was a significant meeting that debated and furthered the draft Constitution.
The draft Constitution that resulted from the 1898 convention was approved at a referendum in 1899 and 1900 by a 72% "Yes" vote on a 58% turnout. The final draft was then approved by each state in a series of referendums from 1898 to 1900. The agreed Constitution was transmitted to London, where it was enacted as Section 9 of the Commonwealth of Australia Constitution Act 1900, an act of the Parliament of the United Kingdom. The Act came into effect on 1 January 1901, at which point the six colonies became states within the new Commonwealth of Australia.
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The 1899 and 1900 referenda
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 governed by a parliamentary system. The Constitution sets out the structure, role, and powers of the Australian Parliament, the Executive Government, and the Judicature.
The Constitution was drafted between 1891 and 1898 through a series of conventions attended by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The basic principles of the 1891 draft constitution were adopted, but it was modified to include provisions for more democracy in the constitutional structure.
The 1898–1900 referendums were a crucial part of the process of enacting the Australian Constitution. After the draft constitution was prepared, it was put to a referendum in each colony, as per the scheme proposed by John Quick. In June 1898, referendums on the proposed constitution were held in four of the colonies: New South Wales, Victoria, Queensland, and Tasmania. These referendums saw majority votes in favour, but the enabling legislation in New South Wales required the support of at least 80,000 voters, which was not achieved.
In January 1899, the Premier of New South Wales, George Reid, organised a secret conference of premiers in Melbourne. At this conference, it was agreed that some alterations would be made to the draft constitution to make it more acceptable to the larger colonies. It was also agreed that the new federal capital would be located within New South Wales, at least 100 miles away from Sydney. Following these amendments, a second round of referendums was held in 1899 in South Australia, New South Wales, Victoria, and Tasmania. Queensland also held a successful referendum in September 1899.
In June 1899, referendums on the revised constitution were held in all the colonies except Western Australia, which waited until after the Constitution was passed by the British Government in 1900. The success of these referendums depended on the abilities of leaders and supporters of the Federation to sway public opinion, through arguments about the details of the proposed Constitution and emotional appeals to the people of the colonies as 'Australians'.
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The Commonwealth of Australia Constitution Act 1900
The Constitution was drafted between 1891 and 1898 at a series of conventions attended by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The 1891 draft was submitted to colonial parliaments but lapsed in New South Wales, leading to other colonies' reluctance to proceed. In 1895, the six premiers of the Australian colonies agreed to establish a new convention by popular vote, which met from 1897 to 1898 and produced a new draft with added provisions for responsible government. This final draft was then approved by each state in a series of referendums from 1898 to 1900.
The Constitution describes the structure, role, and powers of the Australian Parliament, outlining a bicameral parliament with two houses, including the King (represented by the Governor-General), the Senate, and the House of Representatives. It also sets out power-sharing arrangements between the Australian and state parliaments, detailing the roles of the executive government and the High Court of Australia, as well as some rights of Australian citizens, such as religious freedom.
The Act authorised the Queen to proclaim the act of federation, uniting the colonies as Australian states under the name of the Commonwealth of Australia. The Commonwealth shall be a self-governing colony, with the legislative power of the Commonwealth vested in a Federal Parliament, consisting of the Queen, a Senate, and a House of Representatives. The Constitution can only be changed with the approval of the Australian people.
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Frequently asked questions
The Australian Constitution was written to unite the six disparate British colonies in Australia and create one nation.
The Australian Constitution was drafted between 1891 and 1898 during a series of conventions attended by elected members of the six self-governing British colonies of Australia.
The Australian Constitution was written in 1898 and approved by each state in a series of referendums from 1898 to 1900.
The Australian Constitution came into effect on 1 January 1901.
