Omar Bennett
The Australian Constitution, also known as the Commonwealth Constitution, is the legal framework that governs the political structure of Australia. It is a written constitution that establishes the country as a federation under a constitutional monarchy with a parliamentary system. The eight chapters of the Australian Constitution set out the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature. The Constitution is the set of rules by which Australia is run and can only be changed with the approval of the Australian people through a referendum.
| Characteristics | Values |
|---|---|
| Chapters | 8 |
| Sections | 128 |
| Chapter I | The Parliament |
| Chapter II | The Executive Government |
| Chapter III | The Judicature |
| Chapter IV | Finance and Trade |
| Chapter V | The States |
| Chapter VI | New States |
| Chapter VII | Miscellaneous |
| Chapter VIII | Alteration of the Constitution |
| Covering Clauses | 8 |
| Preamble | The British Act containing the Constitution includes a preamble, but there are calls to change or replace it. |
| Amendments | Alterations may only occur through a referendum bill being approved at a national referendum. |
| Human Rights | The right to compensation if the government acquires your property, guaranteed trial by jury for federal offences, and freedom of religion. |
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What You'll Learn
Chapter I: The Parliament
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that establishes the country's political structure. It is a written constitution that was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia. The eight chapters of the Constitution outline the structure and powers of the federal government's three constituent parts: the Parliament, the Executive Government, and the Judicature.
Chapter I of the Australian Constitution is dedicated to "The Parliament" and lays out the framework for Australia's parliamentary system. It establishes the composition, powers, and procedures of the Parliament, which is the legislative branch of the federal government. The Australian Parliament is bicameral, consisting of two houses: the Senate and the House of Representatives.
In terms of composition, the Senate is the upper house and represents the states. Each state elects an equal number of senators, currently 12, for a term of six years. The House of Representatives, or the lower house, represents the people. The number of representatives is based on population, with each electoral division having roughly the same number of voters. Representatives are elected for a maximum term of three years but can be dissolved earlier by the governor-general.
The powers and functions of the Parliament include the ability to make laws, impose taxes, appropriate funds, and oversee the executive branch. It is also responsible for the election of the federal judges and can conduct investigations and inquiries. The Parliament has the power to initiate changes to the Constitution, but alterations can only be made through a referendum bill approved by a majority of voters in a national referendum.
The Australian Constitution, including Chapter I: The Parliament, has been the subject of ongoing debates and proposals for change. These discussions include the inclusion of a preamble, the recognition of Indigenous Australians, and the move towards an Australian republic.
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Chapter II: The Executive Government
Chapter II of the Australian Constitution, also known as the Commonwealth Constitution, outlines the powers of the executive government. Executive power is vested in the monarch, specifically the Queen, and is exercised by the governor-general as the Queen's representative. The governor-general acts with the advice of the Federal Executive Council, which they appoint. The governor-general is also empowered to appoint and dismiss ministers and is the Commander-in-Chief of the Australian armed forces.
While the Constitution does not explicitly outline the constitutional conventions of responsible government, the High Court has found that the governor-general must act on the advice of ministers, and that the existence of a cabinet and prime minister are implied. The governor-general's power extends to the execution and maintenance of the Constitution and the laws of the Commonwealth. They can appoint officers to administer departments of state and establish these departments as they see fit.
The officers appointed by the governor-general are members of the Federal Executive Council and serve at the governor-general's pleasure. They are also the Queen's Ministers of State for the Commonwealth. After the first general election, no Minister of State can hold office for longer than three months unless they become a senator or a member of the House of Representatives. The number of Ministers of State is limited to seven, and their salaries are paid from the Consolidated Revenue Fund of the Commonwealth, with an annual sum not exceeding twelve thousand pounds until Parliament decides otherwise.
The Australian Constitution was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia. It was then approved by each state in a series of referendums from 1898 to 1900. The final draft was transmitted to London, where it was enacted as Section 9 of the Commonwealth of Australia Constitution Act 1900. The Constitution establishes Australia as a federation under a constitutional monarchy with a parliamentary system.
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Chapter III: The Judicature
The Australian Constitution, also known as the Commonwealth Constitution, outlines the fundamental laws that govern the country's political structure. It establishes Australia as a federation under a constitutional monarchy with a parliamentary system. The Constitution's eight chapters outline the structure and powers of the three components of the federal level of government: the Parliament, the Executive Government, and the Judicature.
Chapter III of the Australian Constitution, also known as "The Judicature," is pivotal to the constitutional structures of government in Australia. It establishes the judicial branch of the government, vesting Commonwealth judicial power in a federal supreme court, known as the High Court of Australia. This chapter outlines the interpretation of law and adjudication according to the law, ensuring the separation of powers between the legislative, executive, and judicial branches of the government.
The chapter provides that justices of federal courts, or Chapter III judges, are appointed by the Governor-General and hold office until they reach 70 years of age, with their remuneration remaining unchanged during their term. These judges can only be removed in extraordinary circumstances, requiring an address from both houses of the Parliament of Australia in the same session, citing proven misbehaviour or incapacity.
The High Court has interpreted that judicial power is vested solely in Chapter III courts, and no other body can exercise this power. This ensures that the judiciary remains independent and impartial. However, there are exceptions to this rule, such as when judicial power is granted to a non-judicial agent, as long as judges retain primary responsibility and the exercise of power is subject to court review.
The Constitution also addresses appeals to the United Kingdom's Judicial Committee of the Privy Council. While initially possible, subsequent laws, such as the Privy Council (Limitation of Appeals) Act 1968 and the Privy Council (Appeals from the High Court) Act 1975, closed off these routes of appeal. Now, appeals to the Privy Council are only theoretically possible in specific circumstances.
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Chapter IV: Finance and trade
Chapter IV of the Australian Constitution, also known as the Commonwealth Constitution, pertains to finance and trade. It covers topics such as the appropriation of funds for the Commonwealth, state debts, and financial relations between the states and the Commonwealth.
One key aspect of Chapter IV is the establishment of the Consolidated Revenue Fund. All revenues or moneys raised or received by the Executive Government of the Commonwealth are to be consolidated into this fund. The costs, charges, and expenses related to the management of the fund are to be prioritised, and any remaining revenue is to be used for the payment of the Commonwealth's expenditure. Additionally, no money can be withdrawn from the Treasury of the Commonwealth except under specific appropriations made by law.
The chapter also addresses trade, including the prohibition of any preference or discrimination by any state or state-constituted authority in relation to railways. The Inter-State Commission plays a role in adjudicating whether any preference or discrimination is undue, unreasonable, or unjust. The Parliament is also granted the power to make laws regarding trade and commerce, which extends to navigation, shipping, and railways owned by any state.
Furthermore, Chapter IV allows states to grant aid or bounty for mining certain metals and, with the consent of both Houses of the Parliament of the Commonwealth, for the production or export of goods. It also ensures freedom of trade, commerce, and intercourse among the states, regardless of whether it is facilitated through internal carriage or ocean navigation.
While most of the provisions in Chapter IV were applicable during the early years of the Commonwealth, some sections have become less relevant over time.
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Chapter V: The States
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. Drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia, the Constitution comprises eight chapters that outline the structure and powers of the three components of the federal level of government: the Parliament, the Executive Government, and the Judicature.
Chapter V of the Australian Constitution is dedicated to "The States" and outlines the role and powers of the individual states within the context of the federal system. While the specific contents of Chapter V are not publicly available, we can infer from the overall purpose of the Constitution that this chapter likely delineates the rights and responsibilities of each state, their relationship with the federal government, and the distribution of powers between them.
The Australian Constitution was intentionally crafted to strike a balance between state autonomy and federal authority, reflecting the country's federal structure. This balance is a key feature of Australia's system of government, ensuring that while the federal government holds certain exclusive powers, the states retain significant authority in many areas that directly impact Australians' daily lives, such as education, healthcare, and law enforcement.
Chapter V likely addresses the legislative powers of the state parliaments, outlining the scope of their law-making abilities and the areas in which they can legislate. It may also delineate the executive powers held by state governments, including the administration of state-level policies and the implementation of federal policies within their respective jurisdictions. Additionally, the chapter probably outlines the financial powers of the states, including their ability to raise revenue through taxation and borrow funds, subject to federal oversight and guidelines.
Furthermore, Chapter V may also address the relationship between the states and the federal government, including mechanisms for cooperation and conflict resolution. This could include provisions for interstate disputes and the role of the federal government in mediating or adjudicating such disputes. The chapter likely underscores the principle of federalism, ensuring that state laws do not infringe upon areas of federal jurisdiction and vice versa, with the High Court of Australia serving as the ultimate arbiter of constitutional disputes.
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