Eleanor Finch
The Commonwealth of Australia Constitution Act 1900, also known as the Commonwealth Constitution Bill, was granted royal assent on July 9, 1900. The bill outlines the powers of the Commonwealth Parliament, with Section 51 listing topics the Commonwealth Parliament is permitted to legislate on, and Section 52 listing topics only the Commonwealth may legislate on. The bill also establishes Melbourne as the temporary capital and sets out the powers of the executive government. It notably does not include a bill of rights, but it does expressly state some rights and restrictions, including the right to trial by jury for indictable offences and the right to freedom of religion. The Commonwealth Constitution Bill also addresses merchant shipping and the application of the Colonial Laws Validity Act.
| Characteristics | Values |
|---|---|
| Purpose | To constitute the Commonwealth of Australia |
| Colonial Laws Validity Act | To be applied to the Commonwealth |
| Draft Constitution Bill | Left a blank to be filled by Western Australia |
| Drafting alterations | Necessary due to the admission of Western Australia as an original State |
| Application to merchant shipping | To remain in the Bill |
| Special leave to appeal | To be waived |
| Royal assent | Received on 9 July 1900 |
| The Commonwealth of India Bill, 1925 | Influenced by the Indian nationalist movement |
| The Commonwealth of India Bill, 1925 | Drafted by the 'National Convention' |
| The Commonwealth of India Bill, 1925 | Influenced subsequent constitutional documents |
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What You'll Learn
Powers of the Commonwealth Parliament
The Commonwealth of Australia Constitution Act 1900 (63 & 64 Vict. c. 12 (Imp)) was granted royal assent on 9 July 1900. The Act consists of nine sections, with Section 9 containing the Constitution itself.
The Commonwealth Parliament does not have plenary power under the Constitution. Section 51 of the Constitution contains a list of topics that the Commonwealth Parliament is permitted to legislate upon, known as the 'heads of power'. States may also legislate upon these topics, but Commonwealth law prevails in the event of inconsistency between the laws. Section 52 contains a brief list of topics that only the Commonwealth may legislate upon.
Some of the powers of the governor-general include summoning, proroguing or dissolving Parliament, and giving or refusing royal assent to federal bills. The governor-general can also appoint deputies.
The High Court is responsible for interpreting the Constitution. While the document does not include a bill of rights, it does expressly state some rights and restrictions, including the right to trial by jury for indictable offences, the right to freedom of religion, and the right against discrimination based on state residence.
The Commonwealth of India Bill 1925 was drafted by the 'National Convention' in the context of the Indian nationalist movement, which believed that Indians should be governed by a constitution framed by Indians. The Bill failed to pass through the British Parliament, but it was influential on constitutional documents that came after it.
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Application of the Colonial Laws Validity Act
The Colonial Laws Validity Act 1865 was an Act of the Parliament of the United Kingdom. Its long title was "An Act to remove Doubts as to the Validity of Colonial Laws". The purpose of the Act was to remove any apparent inconsistency between local (colonial) and British (imperial) legislation. It confirmed that colonial legislation was to have full effect within the colony, provided it was passed in the proper manner and was not in contradiction with any Act of Parliament that contained powers that extended beyond the boundaries of the United Kingdom to include that colony. This clarified and strengthened the position of colonial legislatures while restating their ultimate subordination to the Westminster Parliament.
The Act was particularly relevant in South Australia, where local statutes had been struck down by judges on the grounds of repugnancy to English laws. By the mid-1920s, the British government accepted that dominions should have full legislative autonomy, and the imperial Parliament passed the Statute of Westminster, which repealed the application of the Colonial Laws Validity Act to dominions like Australia, Canada, and New Zealand. The Statute of Westminster took immediate effect in Canada, the Irish Free State, and South Africa. Australia adopted the Statute in 1942, with retroactive effect from the start of World War II, and New Zealand followed in 1947.
The application of the Colonial Laws Validity Act was specifically mentioned in the debates surrounding the Commonwealth of Australia Constitution Bill. The Colonial Secretary argued that altering the Bill was risky, but it was necessary to ensure the Act's application to the Commonwealth. This was a significant point of discussion, as it addressed the relationship between colonial laws and British legislation.
The Colonial Laws Validity Act continued to have application in individual Australian states until the Australia Act 1986 came into effect. The Act remains in force in other British territories, defining the relationship between Acts of Parliament and laws passed in self-governing territories.
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Special leave to appeal
The Commonwealth of Australia Constitution Act 1900 (63 & 64 Vict. c. 12 (Imp)) was granted royal assent on 9 July 1900. The Act consists of nine sections, with Section 9 containing the Constitution itself. The Constitution is divided into sections, with Sections 1 to 8 of the Act known as the "covering clauses".
The second covering clause is interpretive, specifying that references to "the Queen" in the Act are references to "Her Majesty's heirs and successors in the sovereignty of the United Kingdom". This clause ensures that whoever is the monarch of the UK is automatically the monarch of Australia as well.
The Act also addresses the application of the Colonial Laws Validity Act to the Commonwealth. It was deemed necessary to address this issue due to the potential impact on merchant shipping travelling from Commonwealth port to Commonwealth port.
One of the key points of discussion surrounding the Act was the question of special leave to appeal. The Colonial Secretary argued that there was a risk in altering the Bill with regard to the Colonial Laws Validity Act and the question of appeal. He suggested that the Veto, in this case, could not be applied, a view that was contested by others.
The Act also outlines the powers of the Commonwealth Parliament. While the Parliament is not granted plenary power, it can legislate on a list of topics outlined in Section 51 (known as the heads of power). States can also legislate on these topics, but Commonwealth law prevails in case of inconsistencies. Section 52 contains topics that only the Commonwealth may legislate upon.
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Rights and restrictions
The Commonwealth of Australia Constitution Act 1900, which received royal assent on 9 July 1900, contained several provisions outlining rights and restrictions.
One notable right established by the Act was the right to trial by jury for indictable offences. This provision guaranteed that individuals facing criminal charges would have their cases heard and decided by a jury of their peers, a fundamental aspect of a fair and impartial judicial system.
In terms of restrictions, the Act outlined that the Parliament of the Commonwealth would not be granted plenary power. Instead, Section 51 of the Act provided a list of topics that the Commonwealth Parliament was permitted to legislate upon, known as the "heads of power". While states could also pass laws on these topics, the Commonwealth laws would take precedence in the event of any inconsistencies. Additionally, Section 52 of the Act included a brief list of topics exclusively reserved for the Commonwealth to legislate upon.
The Act also addressed the powers of the governor-general, who could summon, prorogue, or dissolve Parliament, and give or refuse royal assent to federal bills. The eligibility requirements for voting and standing in elections were also outlined, ensuring a fair and transparent electoral process.
Furthermore, the Act included provisions for the establishment of a national capital. Section 125 designated Melbourne as the temporary capital, while also specifying that the eventual capital would be established within New South Wales, at least 100 miles (160 km) from Sydney. This capital became Canberra, which was declared the national capital in 1913.
While the Act did not include a comprehensive bill of rights, it did guarantee certain freedoms, such as freedom of religion and the right against discrimination based on state residence. Additionally, through interpretation by the High Court, further rights were recognised, including the freedom of political communication and freedom from interference in voting in elections.
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Commonwealth of Australia Constitution Act
The Commonwealth of Australia Constitution Act 1900 (63 & 64 Vict. c. 12 (Imp)) was granted royal assent on 9 July 1900. It consists of nine sections, with Section 9 containing the Constitution itself. Sections 1 to 8 of the Act are referred to as the "covering clauses". The second covering clause specifies that references to "the Queen" in the Act are in relation to "Her Majesty's heirs and successors in the sovereignty of the United Kingdom".
The Act includes provisions on the powers of the Commonwealth parliament. While the Constitution does not grant plenary power to the Parliament, it contains a list of topics that the Commonwealth Parliament is permitted to legislate upon (known as the heads of power). These include the power to summon, prorogue or dissolve Parliament, and to give or refuse royal assent to federal bills. The Act also covers eligibility issues for voting or standing in elections, and miscellaneous matters regarding parliamentary procedures and allowances.
The Act also addresses the powers of the executive government and provides for a High Court to interpret the Constitution. The High Court has applied legal doctrines such as the separation of powers, intergovernmental immunities, and reserved state powers. While the Constitution does not include a bill of rights, it expressly states certain rights and restrictions, such as the right to trial by jury for indictable offences, the right to freedom of religion, and the right to freedom of interference from voting in elections.
Additionally, the Act includes provisions on miscellaneous topics. For example, it establishes Melbourne as the temporary capital and provides for the eventual capital to be located within New South Wales, at least 100 miles from Sydney. It also permits the governor-general to appoint deputies and originally excluded "aboriginal natives" from headcounts for electoral purposes (this section was removed by referendum in 1967). The Act prescribes that alterations to the Constitution may only occur through a referendum bill approved at a national referendum.
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Frequently asked questions
The Commonwealth of Australia Constitution Act 1900, or the Commonwealth Constitution Bill, was granted royal assent on 9 July 1900. It consists of nine sections, with Section 9 containing the Constitution itself.
The Act provided for the eventual establishment of a capital within New South Wales, no less than 100 miles from Sydney. It also ensured that the monarch of the UK would automatically be the monarch of Australia.
The High Court is responsible for interpreting the Constitution, and while the document does not include a bill of rights, it does expressly state certain rights and restrictions, including the right to trial by jury for indictable offences and freedom of religion.
The Commonwealth of India Bill of 1925 was influenced by the Commonwealth Constitution Bill. While the former did not pass through the British Parliament, it had a significant influence on subsequent constitutional documents, including the Nehru Report 1928.
