Simone Lawson
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that outlines the country's political structure. It establishes Australia as a federation under a constitutional monarchy with a parliamentary system. The Constitution is divided into eight chapters and 128 sections, detailing the structure and powers of the Parliament, Executive Government, and Judicature. It also outlines the power-sharing arrangements between the federal and state levels of government and the roles of the High Court of Australia. The Constitution is not just a set of rules but a living document that can be changed, but only with the approval of the Australian people through a referendum.
| Characteristics | Values |
|---|---|
| Date of coming into effect | 1 January 1901 |
| Chapters | 8 |
| Sections | 128 |
| First 8 sections also known as | Covering clauses |
| Can be changed | Yes, with approval of the Australian people |
| Type of government outlined | Australian Parliament and government |
| Type of parliament | Bicameral, with 2 houses |
| First House | King (represented by the Governor-General) |
| Second House | Senate and the House of Representatives |
| Number of state governments | 6 |
| Power-sharing arrangements | Between the Australian and state parliaments |
| Highest court | High Court of Australia |
Explore related products
$9.99 $9.99
What You'll Learn
The Australian Constitution's history
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs Australia's political structure. It establishes the country as a federation under a constitutional monarchy with a parliamentary system. The Constitution's eight chapters outline the structure and powers of the federal level of government's three parts: the Parliament, the Executive Government, and the Judicature.
The Constitution's history is closely tied to Australia's political and historical development. It was drafted between 1891 and 1898 at a series of conventions held by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The increasing presence of German and French colonies in the Pacific and a growing sense of Australian identity fuelled the drive for federalism. Henry Parkes, the premier of New South Wales, promoted a series of conferences on federalism, the first of which was held in Melbourne in 1890 and the second in Sydney in 1891. Most colonial leaders attended these conferences, and by the 1891 conference, the movement for federalism had gained significant momentum.
Sir Samuel Griffith oversaw the drafting of the first constitution at the 1891 conference. However, this draft constitution lacked popular support and avoided critical issues like tariff policy. The 1891 draft was submitted to colonial parliaments, but it failed in New South Wales, causing the other colonies to hesitate. In 1895, the six premiers of the Australian colonies agreed to establish a new convention by popular vote. This convention, which met from 1897 to 1898, produced a new draft that included provisions for responsible government. The 1898 draft maintained the same principles of government as the 1891 version, but some delegates wanted a bill of rights similar to the United States Constitution. This proposal was rejected, and the Australian Constitution still only protects a limited number of constitutional rights.
The final draft of the Constitution was approved by each state in referendums from 1898 to 1900. After its transmission to London, Queen Victoria assented to the Commonwealth of Australia Constitution Act in 1900, marking Constitution Day, which is observed on July 9. Despite Australia's independence, the Act remains a statute of the UK. The original copy of the Act was lent to Australia in 1988 for the Australian Bicentenary and was subsequently given to the National Archives of Australia with the British Parliament's approval.
Roosevelt's Foreign Policy: Stretching the Constitution's Limits
You may want to see also
The Australian Constitution's length
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. The Constitution is divided into eight chapters and 128 sections, covering various aspects of the country's governance.
The Constitution sets out the structure, roles, and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature. It outlines the power-sharing arrangements between the Australian Parliament and the state parliaments, with the former responsible for national decision-making and law-making. The Constitution also establishes a bicameral Parliament, consisting of the King (represented by the Governor-General), the Senate, and the House of Representatives.
In addition to the federal structure, the Constitution recognises the role of the High Court of Australia as the final court of appeal and outlines some of the rights of Australian citizens, such as religious freedom. The document also acknowledges the presence and history of Aboriginal and Torres Strait Islander peoples in the country.
The Constitution was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The draft was then approved by each state in a series of referendums from 1898 to 1900. The final version was transmitted to London, where the British Parliament passed the Commonwealth of Australia Constitution Act 1900, which came into effect on 1 January 1901.
The Australian Constitution is a living document that can be amended, but any changes require the approval of the Australian people. A proposed amendment must be approved by Parliament and then put to a referendum, where it must be passed by a majority of voters in a majority of states and by a majority of voters nationwide.
US Constitution Worksheet: Original Intent
You may want to see also
The Australian Constitution's legal authority
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs Australia's political structure. It establishes the country as a federation under a constitutional monarchy with a parliamentary system. The Constitution is divided into eight chapters, each outlining the structure and powers of the three branches of the federal level of government: the Parliament, the Executive Government, and the Judicature.
The Constitution's legal authority has been a subject of debate. Traditionally, it was understood that the Constitution derived its legal authority from the UK Parliament's paramount authority over Australian law. This is because the Commonwealth of Australia Constitution Act, which became law after receiving royal assent on 9 July 1900, remains in force as a statute of the UK, even after Australia gained independence.
However, in more recent times, various members of the High Court and academics have challenged this view, arguing that the Constitution's legal authority now originates from the Australian people themselves. This shift in perspective reflects the growing Australian identity and the desire for self-governance. Nonetheless, some contend that the question of legal authority is not solely a legal issue, suggesting that the binding force of the Constitution is inherent or a 'basic norm'.
The Constitution's authority is also reflected in its ability to shape the country's political system. It establishes Australia as a constitutional monarchy, with executive power vested in the monarch and exercised by the governor-general. The governor-general, in turn, appoints the Federal Executive Council and acts on the advice of the prime minister and the cabinet, showcasing the interplay between the different branches of government outlined in the Constitution.
Additionally, the Constitution recognises the emergence of a separate Australian monarchy. One interpretation of the second covering clause suggests that it ensures that the monarch of the UK is automatically the monarch of Australia as well. However, other academics argue that this clause simply extends the reference to include the current lawful monarch under Australian succession law, allowing for a separate Australian monarchy while maintaining the connection to the UK.
France's Unique Constitution: What Sets It Apart?
You may want to see also
Explore related products
The Australian Constitution's content
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs Australia's political structure. It establishes the country as a federation under a constitutional monarchy with a parliamentary system. The Constitution consists of 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.
The process of drafting the Constitution began in 1891 at a series of conferences attended by most colonial leaders, where the federalist cause gained momentum. These conferences addressed the growing presence of German and French colonies in the Pacific and the emergence of a distinct Australian identity. The final draft of the Constitution was completed in 1898 and approved by each state through a series of referendums from 1898 to 1900.
The Constitution is divided into several sections and chapters. Sections 1 to 8 are known as the "'covering clauses," with the second clause specifying that references to "the Queen" in the Act refer to "Her Majesty's heirs and successors in the sovereignty of the United Kingdom." This interpretation is subject to differing views, with some suggesting it ensures that the monarch of the UK is automatically Australia's monarch, while others argue it simply extends to the current lawful monarch under Australian succession law.
The Constitution's chapters cover various aspects of governance. Chapter 1 pertains to "The Parliament" and includes sections on the Senate, the House of Representatives, and their respective powers. Chapter 2 addresses "The Executive Government," while Chapter 3 focuses on "The Judicature." Chapter 4 delves into "Finance and Trade," and Chapters 5 and 6 discuss "The States" and "New States," respectively.
The Australian Constitution has evolved since its inception, with discussions arising after the 2017-18 Australian parliamentary eligibility crisis about retaining or replacing it. Constitution Day, observed on July 9, marks the date Queen Victoria assented to the Commonwealth of Australia Constitution Act in 1900.
Shelter-in-Place Orders: Constitutional Violation or Necessary Action?
You may want to see also
The Australian Constitution's amendment process
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. The Constitution is divided into eight chapters, each outlining the structure and powers of the three components of the federal level of government: the Parliament, the Executive Government, and the Judicature.
The process of amending the Australian Constitution is outlined in Chapter VIII, which provides for alterations to the document. Amendments can only be made through a referendum, as specified in Section 128. This procedure ensures that any changes to the Constitution are subject to the approval of the Australian people.
One notable amendment to the Constitution occurred in 1967 when Section 127 was removed. This section originally stated that "aboriginal natives" were not to be included in headcounts for electoral purposes. The 1967 referendum resulted in the removal of this restriction, granting the Commonwealth the power to legislate for all Indigenous Australians.
Another significant discussion regarding the Constitution took place following the 2017-2018 Australian parliamentary eligibility crisis. There were debates about whether to retain or replace the existing Constitution, with some advocating for a system that does not include states. However, no major changes have been implemented as of yet.
The Constitution's authority has also evolved over time. While it initially derived its legal force from the UK Parliament's paramount authority over Australian law, it is now suggested that its binding nature comes from the Australian people themselves. This shift reflects the growing independence and unique identity of Australia as a nation.
The US Constitution: A Longstanding Foundation
You may want to see also
Frequently asked questions
The Australian Constitution is divided into 8 chapters and 128 sections.
The Australian Constitution is the fundamental law that governs the political structure of Australia.
The Constitution sets out how the Australian and state parliaments share the power to make laws. It also details 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 Constitution was drafted between 1891 and 1898 at a series of conventions conducted by representatives of the British colonies in Australia.
The Constitution can only be changed with the approval of the Australian people. A proposed change must be approved by Parliament and then voted on by Australians in a referendum.
