Omar Bennett
The Australian Constitution is the highest law in Australia, defining the rules for the government and establishing a democratic system that guarantees the right to vote. It is a document that governs the government, outlining how the federal parliament is elected, how it operates, and how it can be dissolved. The Constitution establishes the High Court of Australia, which interprets the Constitution, decides its meaning, and settles disputes between the Australian and state governments. It also enables the Parliament to make laws on various topics, including foreign affairs, defence, taxes, and personal matters like unemployment benefits and marriage. The Constitution is a result of the federation of the six colonies in 1901, creating the Commonwealth of Australia and uniting them under a federal system with defined powers and responsibilities for each level of government.
| Characteristics | Values |
|---|---|
| Highest law in Australia | Defines rules for the government |
| Establishes a democratic system | Guarantees the right to vote |
| Establishes a constitutional monarchy | British monarch is the reigning sovereign of Australia |
| Establishes the High Court of Australia | Settles disputes between the Australian and state governments |
| Defines how the federal parliament is elected | Provides the framework within which the government can operate |
| Enables the Parliament to make laws on certain topics | Foreign affairs, defence, taxes, unemployment benefits, marriage and divorce, pensions, and immigration |
| Power-sharing arrangements between the Australian and state parliaments | 6 state governments, responsible for state matters |
| Rights are protected by common law and statute law |
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What You'll Learn
Establishes a democratic system and guarantees the right to vote
The Australian Constitution establishes a democratic system of government and outlines the separation of powers between the parliament, executive government, and judiciary system. It also establishes the head of state, with the British Crown, represented by the Governor-General, as Australia's highest official. Notably, the Constitution does not include a bill of rights, and the rights of Australian citizens are protected by common law and statute law.
The Constitution sets out the system of representative government, which is a fundamental aspect of democracy. This system allows citizens to participate in the conduct of public affairs and to have their voices heard through their elected representatives. The right to vote is a key component of this democratic system, and Australia has a unique voting method known as the "Australian ballot," which ensures anonymity in voting.
While the Constitution does not contain an express statement on the right to vote, the High Court has found a degree of implied Constitutional protection. This protection is connected to the rights recognised in Article 25 of the Covenant, which include the right to freedom of association and expression. The right to vote in Australia comes with certain limitations, and it has been a continuous effort to ensure that this right is enjoyed equally by all Australians.
Compulsory voting is another distinctive feature of Australia's democratic system. All Australian citizens aged 18 and over are required to vote in Federal and State Government elections, as well as Local Government Council elections. This system ensures that all citizens have a say in choosing their representatives and contributes to the country's unique democratic process.
The Australian Constitution, with its establishment of a democratic system and recognition of the right to vote, provides a framework for the country's governance and ensures the participation of its citizens in the decision-making process. While there have been challenges and limitations, the Constitution has enabled Australia to develop a system of government that strives for freedom, equity, and fairness.
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Defines rules for the government
The Australian Constitution, which came into force in 1901, is the highest law in Australia. It defines the rules for the government, establishing a democratic system that guarantees the right to vote. The Constitution governs the government by outlining how the federal parliament is elected, how it works, and how it can be dissolved. It establishes the High Court of Australia, which interprets the Constitution, decides its meaning, and settles disputes between the Australian and state governments.
The Constitution establishes a federal system, outlining the powers and responsibilities of each level of government. It does not cover all features of Australia's system of government, and notably does not mention the Prime Minister and Cabinet, who operate by custom and tradition, similar to the British system. The Constitution also does not detail the rights of the Australian people, which are instead protected by common law and statute law.
The Constitution enables the Parliament to make laws on certain topics, granting it power over matters of foreign affairs, defence, taxes, unemployment benefits, marriage and divorce, pensions, and immigration. The Parliament can also create laws surrounding the broadcast of radio, internet, and television, as well as other electronic communication services, due to the broad interpretation of the term "similar services" in the Constitution.
To change the wording of the Constitution, a "double majority" of Australian voters must agree through a referendum, demonstrating the significance of any alterations to this foundational document.
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Establishes the High Court of Australia
The Australian Constitution establishes the High Court of Australia, which is the highest court in the Australian judicial system. The High Court was established in 1901 by Section 71 of the Constitution, and its authority is derived from Chapter III of the Constitution, which vests it with the judicial power of the Commonwealth. The court consists of seven justices, including a chief justice, who are appointed by the governor-general on the advice of the attorney-general and with the approval of the prime minister and Cabinet.
The High Court is responsible for interpreting and applying the law of Australia, deciding cases of special federal significance, and hearing appeals from Federal, State, and Territory courts. It is the final court of appeal and interprets the Constitution, deciding its meaning and settling disputes between the Australian and state governments.
The original constitutional jurisdiction of the High Court is now well established. The Australian Law Reform Commission has described the reference to constitutional matters in Section 76 as "an odd fact of history", as it is typically Section 75 that confers the Court's power to hear matters relating to the Constitution. The High Court's jurisdiction includes the power to hear cases relating to suing the Commonwealth (Section 75(iii)) and conflicts between states (Section 75(iv)).
The establishment of the High Court of Australia was the result of a lengthy process involving proposals, drafts, and lobbying. As early as 1846, Earl Grey proposed federating the colonies, and in 1856, the Governor of South Australia, Richard MacDonnell, suggested establishing a court to hear appeals from the Supreme Courts in each colony. The 1891 draft constitution included a proposal for a supreme court of Australia, which was later amended to be named the "High Court of Australia". The draft constitution was approved by the Imperial Parliament, with an alteration to Section 74 allowing for a general right of appeal from the High Court to the Privy Council.
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Defines how the federal parliament is elected
The Australian Constitution establishes the Commonwealth Parliament, which consists of three components: the King of Australia, the Senate, and the House of Representatives. The Constitution provides that the number of members in the House of Representatives must be "as nearly as practicable, twice the number of Senators", which is commonly referred to as the "nexus clause". The Constitution also sets out the composition and powers of the House of Representatives, which is the lower house of the bicameral Parliament of Australia. The upper house is the Senate.
The Constitution established the House of Representatives in 1900 in a newly federated Australia. The term of members of the House of Representatives is a maximum of three years from the date of the first sitting of the House, but the House is almost always dissolved earlier. Elections for members of the House of Representatives have been held in conjunction with those for the Senate since the 1970s. Each state is guaranteed a minimum of five seats in the House of Representatives, which is based on its population. The baseline quota for the number of voters in an electorate is determined by the number of voters in the state in which that electorate is found.
The House of Representatives chamber is designed to seat up to 172 members, with provision for an ultimate total of 240 to be accommodated. Each division elects one member using full-preferential voting. This voting system was put in place after the 1918 Swan by-election, which Labor unexpectedly won when two conservative parties split the vote. The Nationalist Party government, a predecessor of the modern-day Liberal Party of Australia, changed the lower house voting system from first-past-the-post to full-preferential voting, effective from the 1919 general election.
It is important to note that the Constitution does not cover all features of Australia's system of government. For example, the Prime Minister and the Cabinet are not mentioned in the Constitution and operate by custom and tradition, similar to the British system.
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Unites the six colonies under a federal system
In the late 1800s, Australia was made up of six self-governing British colonies: Queensland, New South Wales, Victoria, Tasmania, South Australia, and Western Australia. Each colony had its own laws, railway gauge, postage stamps, and taxes, which often caused problems and led to discussions about the benefits of unification.
The idea of Federation, or unification, of the colonies arose in the late 1880s, a time when there was increasing nationalism among Australians, most of whom were native-born. The colonies of Fiji and New Zealand were originally part of this process, but they ultimately decided not to join the federation. The Federation of Australia was the process by which these six colonies agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in the country.
The movement for Federation was influenced by other federations that had emerged around the world, particularly the United States and Canada. A model closer to that of the United States was endorsed, with states retaining significant autonomy and only transferring limited powers to the federal government. Each state would also be equally represented in a strong upper chamber, the Senate.
In 1899, referendums were held in five colonies, which voted to accept the Constitution. Western Australia initially did not believe that federation was the best option, but a year later, they held a referendum and also accepted the Constitution. The British Parliament passed its own law to allow Federation to occur in 1900, and Queen Victoria signed the document creating the Commonwealth of Australia, which came into effect on 1 January 1901.
The Constitution created a Commonwealth Parliament with two houses: a lower house (the House of Representatives), where new laws are introduced, and an upper house (the Senate), where new laws are reviewed. The Constitution also made it clear that the Commonwealth Government had the power to make laws regarding defence, foreign policy, immigration, trade, telecommunications, and postal services. The colonies, now called states, retained control over their police, hospitals, education, and public transport systems.
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Frequently asked questions
The Australian Constitution is the highest law in Australia, defining rules for the government and establishing a democratic system that guarantees the right to vote.
The Australian Constitution has two primary functions. Firstly, to establish a governmental system for the newly formed Commonwealth of Australia. Secondly, to unite the six colonies under a federal system and establish the powers and responsibilities of each level of government.
The Australian Parliament can make laws on matters both national and personal. These include big issues like foreign affairs, defence, and taxes, as well as more personal matters like unemployment benefits, marriage and divorce, pensions, and immigration.
If the government wants to change the actual wording of the Constitution, a ‘double majority’ of Australian voters need to agree to the change through a referendum. A change to the Constitution is significant and requires a majority of Australian voters and a majority of voters in at least four of the six states.
