Jonah Patel
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law 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 Constitution is divided into eight chapters and 128 sections, outlining the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature. It defines how the federal parliament is elected, how it works, and how it can be dissolved, with the power to make and change laws. The Constitution also establishes the High Court of Australia, which has the ultimate responsibility to resolve legal disputes and interpret and apply the law, ensuring that no one group has too much power.
| Characteristics | Values |
|---|---|
| Date of coming into effect | 1 January 1901 |
| Number of chapters | 8 |
| Number of sections | 128 |
| Type of government | Constitutional monarchy |
| System of government | Parliamentary |
| Number of colonies that became states | 6 |
| Number of proposed amendments that have passed | 8 out of 45 |
| Number of branches of government | 3 |
| Minimum ground rules | Yes |
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What You'll Learn
The Constitution's purpose and function
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the political structure of Australia. It is a written constitution that establishes the country as a federation under a constitutional monarchy governed by a parliamentary system. The Constitution's purpose and function are multifaceted and essential to the country's governance.
Firstly, the Constitution establishes the rules and systems for governing Australia. It outlines the framework for the operation of the government, defining the powers and responsibilities of each level of government, including federal, state, and territory levels. This includes the establishment of a bicameral Parliament, consisting of the King (represented by the Governor-General), the Senate, and the House of Representatives. The Constitution also defines the role of the federal parliament and how powers are shared between the legislature, executive, and judiciary, known as the separation of powers. This ensures that power is not vested in a single entity but is distributed across these three branches of government.
Secondly, the Constitution protects Australian citizens from arbitrary power and uncontrolled authority. It guarantees essential protections and rights based on the principles of the rule of law, ensuring that all citizens are governed by a clear set of rules applied fairly and equally. This includes the establishment of the High Court of Australia, which has the ultimate responsibility for resolving legal disputes, including those related to the Constitution itself.
Thirdly, the Constitution provides a mechanism for the dispersal of power in Australian society. It establishes Australia as a federation, where power is divided between the Commonwealth and the states, ensuring that each level of government operates within its designated sphere. This includes outlining how the federal parliament is elected, how it functions, and how it can be dissolved. The Constitution also sets out the process for amending the document, requiring approval from the Australian people through a referendum.
Lastly, the Constitution enables the Parliament to make laws on a range of topics, both national and personal. This includes significant issues such as foreign affairs, defence, and taxes, as well as matters that directly impact individuals, like unemployment benefits, marriage and divorce, pensions, and immigration. This legislative power of Parliament is balanced by the ability of the High Court to strike down unconstitutional laws, further safeguarding against the abuse of power.
The Constitution's Most Important Focus
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The process of drafting and implementing
The Australian 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 delegates to these conventions were almost exclusively members or former members of colonial legislatures.
The 1891 draft was created at a convention under the guidance of Sir Samuel Griffith, but it lacked popular support and sidestepped critical issues like tariff policy. This draft was submitted to colonial parliaments, but it lapsed 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, which met from 1897 to 1898. This convention produced a new draft that included provisions for responsible government while retaining the same principles as the 1891 draft. The 1898 draft was presented to the electors of each colony, and after one failed attempt, an amended version was submitted to all colonies except Western Australia. This draft was ratified by five colonies.
The bill was then presented to the British Imperial Parliament with a request for Queen Victoria to enact it. A final change was made to ensure the right of appeal to the Judicial Committee of the Privy Council from the High Court. The Commonwealth of Australian Constitution Act was passed by the British Parliament and received the assent of Queen Victoria on 9 July 1900. The Constitution came into effect on 1 January 1901, marking the birth of the Commonwealth of Australia.
The Australian Constitution, consisting of 8 chapters and 128 sections, outlines key features of the country's system of government, including an Australian Parliament with two houses, six state governments, power-sharing arrangements, and the High Court of Australia. It is worth noting that the Constitution does not include a bill of rights, and efforts to include a preamble recognising Indigenous Australians have faced challenges.
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The role of the British Parliament
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the political structure of Australia. It establishes the country as a federation under a constitutional monarchy governed by a parliamentary system. 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 British Parliament's role in the Australian Constitution was significant. Firstly, the Constitution had to be agreed upon by the British Parliament, as it held authority over Australia at the time. The draft Constitution was presented to the British Parliament after it was approved by the colony governments and the Australian people through a series of referendums from 1898 to 1900.
The British Parliament then approved the Constitution by passing the Commonwealth of Australia Constitution Act on 9 July 1900, also known as the Commonwealth of Australia Constitution Act 1900. This Act came into effect on 1 January 1901, marking the date when the six colonies became Australian states and the new Australian Parliament was formed.
The British Parliament's approval was essential for the enactment of the Constitution and the establishment of the Commonwealth of Australia. The Act remains in force as a statute of the UK, even after Australia's subsequent independence. This reflects the historical legal theory that the Constitution derives its authority from the UK parliament's paramount authority over Australian law.
In summary, the British Parliament played a crucial role in the creation and implementation of the Australian Constitution. Its approval and enactment of the Commonwealth of Australia Constitution Act were pivotal moments in Australia's transition to a self-governing federation within the British Empire.
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The structure of the Australian government
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the country's political structure. It establishes a framework for the operation of the Australian government, outlining the systems and rules by which it functions. The Constitution is a written document, consisting of eight chapters and 128 sections, which 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 establishes Australia as a federation under a constitutional monarchy, with a parliamentary system of government. It defines how the federal parliament is elected, how it works, and how it can be dissolved. The Parliament is responsible for national decision-making and law-making, with the power to make laws on matters such as foreign affairs, defence, taxes, unemployment benefits, marriage and divorce, pensions, and immigration. It is bicameral, consisting of two houses: the Senate and the House of Representatives, which include the King, represented by the Governor-General.
The Executive Government, on the other hand, exercises executive power, which is vested in the monarch and carried out by the governor-general. The governor-general has the power to appoint and dismiss ministers and is the Commander-in-Chief of the Australian armed forces. The Executive includes Australian government ministers and is responsible for enacting laws and administering the business of government through government departments, statutory authorities, and the defence forces.
The Judicature, or the judiciary, is the third branch of the Australian government, responsible for interpreting and applying the law. It is comprised of the High Court of Australia, which is the final court of appeal, and other courts. The judiciary ensures that the laws are interpreted and applied fairly and justly, protecting citizens' rights and freedoms.
The Constitution also outlines the relationship between the federal, state, and territory governments, with power shared between them. The six colonies that existed when the Constitution was drafted became the six states of the Commonwealth of Australia, each with its own state government. The Constitution sets out how these state governments share power with the federal parliament, ensuring a balance of power and providing a framework for a predictable and orderly society.
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How the Constitution can be changed
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the political structure of Australia. It establishes Australia as a federation where power is divided between the Commonwealth and the states. The Constitution is a document of the Australian people, and it can only be changed with their approval.
The process of changing the Constitution involves two steps. First, a proposed change must be approved by the Parliament. Second, the proposal must be voted on by Australians in a referendum and passed by a double majority: a majority of voters in a majority of states, and a majority of voters across the nation. This requirement for a double majority makes the process of amending the Constitution quite challenging. Out of 45 proposed amendments put to a referendum, only eight have been passed.
The Constitution was written with the understanding that the country would change and evolve, and its authors recognised that the document might need to be amended from time to time. The referendum process allows the federal government to propose changes to the Constitution, which, if successful, can pave the way for the government to create or modify laws relating to the amended Constitution.
The Constitution establishes the basic framework for the operation of the Australian government, but much of the detail is fleshed out through acts of parliament or common law. It defines how the federal parliament is elected, how it works, and how it can be dissolved. It also establishes the High Court of Australia, which has the ultimate responsibility to resolve legal disputes about the meaning of the Constitution and to strike down unconstitutional laws.
The Constitution is divided into eight chapters and 128 sections. It outlines the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature. The Parliament makes laws on matters such as foreign affairs, defence, taxes, unemployment benefits, marriage and divorce, pensions, and immigration. The Executive Government exercises executive power, which is vested in the monarch and carried out by the governor-general, who appoints the Federal Executive Council and ministers and is the Commander-in-Chief of the Australian armed forces. The Judicature, or the judiciary, interprets and applies the law through the High Court of Australia and other courts.
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Frequently asked questions
The Australian Constitution is the fundamental law that governs the political structure of Australia. It establishes the country as a federation under a constitutional monarchy governed by a parliamentary system.
The Constitution establishes the systems and rules for the government. It defines how the federal parliament is elected, how it works, and how it can be dissolved. It also outlines the role of federal parliament and how powers are shared between the legislature, executive, and judiciary.
The Australian 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 final draft was approved by each state in a series of referendums from 1898 to 1900. The British Parliament then approved the Constitution, passing the Commonwealth of Australia Constitution Act on 9 July 1900.
The Australian Constitution came into effect on 1 January 1901, at which point the six colonies became states within the new Commonwealth of Australia.
The Australian 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. A referendum requires a double majority: a nationwide majority, as well as a majority of voters in a majority of states.
