Simone Lawson
The Australian Constitution is the legal framework for how Australia is governed. It is the highest law in Australia, establishing a democratic form of government and guaranteeing the people the right to vote. The Constitution outlines the structure, role, and powers of the Australian Parliament, including the process of law-making and dispute resolution. It also details the roles of the executive government and the High Court of Australia, which is the final court of appeal and interpreter of the Constitution. The Australian Constitution is contained within the Commonwealth of Australia Constitution Act 1900, which came into effect on January 1, 1901, uniting the six colonies into a federation. The Constitution can only be amended through a referendum, requiring a double majority of Australian voters.
| Characteristics | Values |
|---|---|
| Sets down the powers of the executive government | Executive power is vested in the monarch and is exercisable by the governor-general, who appoints the Federal Executive Council and is to act with its advice |
| Establishes the High Court of Australia | The High Court interprets the Constitution and decides its meaning |
| Defines how the federal parliament is elected, how it works, and how it can be dissolved | The Australian Constitution establishes the composition of the Australian Parliament, describes how Parliament works and what powers it has |
| Provides the framework within which the government can operate | The Australian Constitution enables the Parliament to make laws on certain topics |
| Contains no explicit statement of values, aspirations, or rights | The Australian Constitution does not detail many of the rights of the Australian people |
| Can only be changed with the approval of the Australian people | A 'double majority' of Australian voters need to agree to the change through a referendum |
| Settles disputes between the Australian and state governments | The Australian Constitution outlines how the federal and state Parliaments share power |
Explore related products
What You'll Learn
- The Australian Constitution is the set of rules by which Australia is governed
- It establishes the composition of the Australian Parliament
- It describes how Parliament works and what powers it has
- It outlines how federal and state Parliaments share power
- It establishes the High Court of Australia, which interprets the Constitution
The Australian Constitution is the set of rules by which Australia is governed
The Australian Constitution is the set of rules by which Australia and its government are governed. It is the highest law in Australia, and no other law can override it. The Constitution establishes a democratic form of government, guaranteeing the people the right to vote, and it provides the framework within which the government can operate.
The Constitution is divided into 8 chapters and 128 sections. It establishes the composition of the Australian Parliament, describes how Parliament works and what powers it has. It also outlines how the federal and state Parliaments share power, and the roles of the executive government and the High Court of Australia. The High Court interprets the Constitution and decides its meaning. It also settles disputes between the Australian and state governments.
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. The Prime Minister and Cabinet operate by custom and tradition, similar to the British system. The Constitution also does not detail many of the rights of the Australian people. Unlike the US Constitution, Australia's does not include a bill of rights. In Australia, rights are protected by common law (based on custom or court decisions) and statute law (written law made by Parliament).
The Australian Constitution can only be changed with the approval of the Australian people. A proposed change must be approved by the Parliament and then be voted on by Australians in a referendum. A referendum is only passed if it is approved by a majority of voters in a majority of states, and by a majority of voters across the nation. This is known as a "'double majority'. Only eight of the 45 proposed amendments put to a referendum have passed.
Supreme Court: How Many Judges?
You may want to see also
It establishes the composition of the Australian Parliament
The Australian Constitution establishes the composition of the Australian Parliament, which consists of three components: the King of Australia (represented by the Governor-General), the Senate, and the House of Representatives. The Governor-General is appointed by the King as his federal representative in Australia, on the advice of the Prime Minister.
The Senate is made up of 76 senators who represent states and territories. There are 12 senators from each state and two senators each from the Australian Capital Territory and Northern Territory. The Senate is the upper house of the bicameral Parliament, with the House of Representatives being the lower house. The House of Representatives has 150 members, each representing one of the 150 electorates in 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 this maximum term is rarely reached.
The Australian Parliament, established at Federation on 1 January 1901, is responsible for national decision-making and law-making, representing Australians, scrutinising the government, and providing a place for government formation. The structure and powers of the Parliament are set out in the Australian Constitution, which is divided into eight chapters and 128 sections. The Constitution also outlines the roles of the executive government and the High Court of Australia, and some of the rights of Australian citizens, such as the right to religious freedom.
The Australian Constitution is contained within the Commonwealth of Australia Constitution Act 1900, passed in Britain and established as law after receiving royal assent on 9 July 1900. The Act authorised the Queen to proclaim the act of federation, which was done by Queen Victoria on 17 September 1900, to take effect on 1 January 1901. The Australian Constitution is the primary source of Australian constitutional law and can only be amended by referendum, requiring the approval of the Australian people.
Defining Liberty: True Statements and Misconceptions
You may want to see also
It describes how Parliament works and what powers it has
The Australian Constitution is the set of rules by which Australia is governed. It establishes the composition of the Australian Parliament, describes how Parliament works and what powers it has. The Constitution is divided into 8 chapters and 128 sections.
Chapter I of the Constitution describes the composition and powers of the Australian Parliament, which consists of the King (represented by the Governor-General), a bicameral legislature, the Senate, and the House of Representatives. The Parliament is responsible for national decision-making and
The Constitution outlines the legislative powers of the Parliament, including the power to make laws for the peace, order, and good government of the Commonwealth with respect to trade and commerce with other countries and among the States, taxation, borrowing money on the public credit of the Commonwealth, postal and telephonic services, the naval and military defence of the Commonwealth, and more.
The Constitution also details power-sharing arrangements between the Australian Parliament and state parliaments, with specific provisions for the acquisition of property, control of railways, and conciliation and arbitration for the settlement of industrial disputes extending beyond one State.
It is important to note that the Constitution can only be changed with the approval of the Australian people through a referendum.
Federal Programs: Unconstitutional and Unaccounted For
You may want to see also
Explore related products
$9.99 $9.99
It outlines how federal and state Parliaments share power
The Australian Constitution is the set of rules by which Australia and its government are run. It is the highest law in the country, and it establishes a democratic form of government, guaranteeing the people the right to vote. It also outlines the framework within which the government operates.
The Constitution is divided into eight chapters and 128 sections. It establishes the composition of the Australian Parliament, describes how Parliament works, and what powers it has. It also outlines how the federal and state Parliaments share power. The Australian Parliament and government are responsible for national decision-making and law-making. The Constitution gives the Parliament the power to 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.
The Constitution also establishes a bicameral Parliament, with two houses, including the King (represented by the Governor-General), the Senate, and the House of Representatives. It also sets up the judicial branch, vesting Commonwealth judicial power in a federal supreme court called the High Court of Australia. The High Court interprets the Constitution and decides its meaning, and it has the ultimate responsibility to resolve legal disputes about the meaning of the Constitution. The High Court can also strike down laws that are deemed unconstitutional.
The Constitution also includes six state governments, responsible for state matters. Each state has its own constitution and can make laws unique to their circumstances. The Constitution outlines the power-sharing arrangements between the Australian and state parliaments, and it can settle disputes between the two levels of government. If the Constitution does not empower the Parliament to make laws in a certain area, then the responsibility to make laws sits with the state parliaments. This is why each state has different laws when it comes to buying and renting property, hospitals, liquor licensing, policing, and roads.
Supreme Court: Bound by the Constitution?
You may want to see also
It establishes the High Court of Australia, which interprets the Constitution
The Australian Constitution is the set of rules by which Australia is governed. It describes the structure, role, and powers of the Australian Parliament, outlining how the Australian and state parliaments share law-making powers. The Constitution also details the roles of the executive government and the High Court of Australia.
The High Court of Australia is the highest court in the Australian judicial system. Established in 1901 by Section 71 of the Constitution, it is the final court of appeal. The High Court interprets the Constitution, deciding its meaning, and applies the law of Australia. It hears cases of special federal significance, including challenges to the constitutional validity of laws, and appeals from Federal, State, and Territory courts.
The High Court's role in interpreting the Constitution is significant as the Constitution itself does not detail many of the rights of Australian citizens. While it mentions some rights, such as the right to religious freedom, other rights are protected by common law (based on custom or court decisions) and statute law (written law made by Parliament). The High Court's interpretation of the Constitution can, therefore, have a substantial impact on the rights and freedoms of Australians.
The High Court has also played a crucial role in shaping the principles of responsible government. While the Constitution does not explicitly set out the constitutional conventions of responsible government, the High Court has found that these principles arise as a matter of implication. This includes the principle that the governor-general, who is empowered to appoint and dismiss ministers, should act on the advice of ministers and the existence of the cabinet and the prime minister.
The High Court's interpretation of the Constitution has also influenced the separation of powers between the federal government and state governments. The Court has, for example, ruled on the limits of federal government spending powers and the powers of state courts. These interpretations shape the balance of power between the different levels of government in Australia.
America's Founding Documents: Age and Relevance
You may want to see also
Frequently asked questions
The Australian Constitution is a set of rules by which Australia is governed. It is contained within the Commonwealth of Australia Constitution Act 1900, passed in Britain in 1900 and came into effect on 1 January 1901.
The Constitution establishes the composition of the Australian Parliament, describes how Parliament works and what powers it has. It also outlines how the federal and state Parliaments share power, and the roles of the executive government and the High Court of Australia.
Unlike the US Constitution, the Australian Constitution does not include a bill of rights. Instead, rights are protected by common law (based on custom or court decisions) and statute law (written law made by Parliament). The Constitution does, however, guarantee the people the right to vote.
The Australian Constitution can only be amended by referendum, requiring a "double majority" of Australian voters. This means that a majority of Australian voters and a majority of voters in a majority of states (at least 4 states) need to approve the change.
There have been debates on including a preamble, proposals for an Australian republic, and formal recognition of Indigenous Australians through a Voice to Parliament. The most recent referendum on 14 October 2023 proposed an amendment to establish an Indigenous Voice to Parliament, but it was rejected.
