Jonah Patel
The Australian Constitution, also known as the Commonwealth Constitution, is the set of rules by which Australia is governed. It came into effect on 1 January 1901, marking the unification of six colonies into states within the new Commonwealth of Australia. The original copy of the Commonwealth of Australia Constitution Act from 1900 was kept in the Public Record Office in London until it was loaned to Australia in 1988 for the Australian Bicentenary. The Australian government subsequently requested to keep the copy, and it was transferred to the National Archives of Australia.
| Characteristics | Values |
|---|---|
| Location | National Archives of Australia |
| Number of Chapters | 8 |
| Number of Sections | 128 |
| Chapters | I. The Parliament; II. The Executive Government; III. The Judicature; IV. Finance and Trade; V. The States; VI. New States; VII. Miscellaneous; VIII. Alteration of the Constitution |
| Amendments | Requires a double majority: a nationwide majority and a majority of voters in a majority of states |
| Amendments Passed | 8 out of 45 proposed amendments |
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What You'll Learn
The National Archives of Australia
The Constitution of Australia, also known as the Commonwealth Constitution, is the fundamental law that governs the country's political structure. It is a written constitution that establishes Australia as a federation under a constitutional monarchy governed by a parliamentary system. The Constitution is divided into eight chapters, which collectively contain 128 sections. The first three chapters outline the respective powers of the legislature, executive, and judiciary, giving rise to the separation of powers doctrine in Australia.
The Constitution 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 final draft was then approved by each state in a series of referendums from 1898 to 1900. After some minor modifications, it was enacted as section 9 of the Commonwealth of Australia Constitution Act 1900.
The Constitution came into effect on 1 January 1901, at which point the six colonies became states within the new Commonwealth of Australia. It is the primary source of Australian constitutional law but operates alongside constitutional conventions, state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, prerogative instruments, and judicial interpretations of these laws by the High Court of Australia.
The Constitution can only be amended with the approval of the Australian people through a referendum, requiring a double majority: a nationwide majority, as well as a majority of voters in a majority of states. The National Archives of Australia proudly safeguards this important document, preserving the country's constitutional foundation and providing a tangible connection to its historical roots.
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The Public Record Office in London
The Public Record Office (PRO), Chancery Lane in the City of London, was the guardian of the national archives of the United Kingdom from 1838 until 2003. It was under the control of the Master of the Rolls, a senior judge. The first Master of the Rolls was Lord Langdale, who delegated most of his responsibilities to his Deputy Keeper, the historian Sir Francis Palgrave. The Office's original premises were the medieval Rolls Chapel, near the border with the City of Westminster.
The Public Record Office Act 1838 enabled public access to the archives, which included court or departmental archives, as well as documents transferred from the Tower of London and the Chapter House of Westminster Abbey. The Domesday Book, however, was not moved to the PRO until 1859, after the construction of proper storage facilities.
The growing size of the archives led to the Public Records Act 1958, which established standard selection procedures for identifying documents of sufficient historical importance to be kept by the PRO. In 1977, a second building was opened at Kew in southwest London, and by 1997, all records had been transferred from Chancery Lane to Kew or the Family Records Centre in Islington, North London.
The PRO holds a large collection of maps and plans, many of which are of the American continent. It also holds a variety of documents, including parchment rolls, wooden tallies, deeds, wills, despatches, reports, log books, posters, maps, photographs, and technical drawings.
In 1988, the original copy of the Commonwealth of Australia Constitution Act was lent to Australia from the Public Record Office in London for the Australian Bicentenary. The Australian Government later requested to keep the copy, and it was given to the National Archives of Australia.
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Federation
The Federation of Australia was the process by which six separate British self-governing colonies—Queensland, New South Wales, Victoria, Tasmania, South Australia, and Western Australia—agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in Australia. The colonies of Fiji and New Zealand were originally part of this process, but they decided not to join the federation.
The idea of a federation of colonies was first proposed by William Wentworth in 1847. He suggested the establishment of "a Congress from the various Colonial Legislatures" to legislate on "inter-colonial questions". In 1853, Wentworth produced a draft Bill in London, proposing a confederation of the Australian colonies, with each colony given equal representation in an intercolonial assembly.
The final push for a Federal Council came at an Intercolonial Convention in Sydney in November and December 1883. The trigger was the British rejection of Queensland's unilateral annexation of New Guinea and the British Government's wish to see a federalised Australasia. The convention was called to debate strategies to counter the activities of the German and French in New Guinea and the New Hebrides.
The Federal Council of Australasia was formed in 1885 to resolve intercolonial issues, including customs duties and defence. However, as New South Wales, New Zealand, and, for a time, South Australia, did not join the Council, it dissolved in 1889.
In 1889, Sir Henry Parkes, Premier of the Colony of NSW, called for a national government in a speech at Tenterfield in northern New South Wales. The ‘Tenterfield address’ highlighted the need for 'one great Federal army' for Australia’s defence and an Australasian convention where parliamentary representatives from the colonies would develop a constitution.
The National Australasian Convention took place in Sydney in 1891, with Parkes as its president. Delegates from each colony, and from New Zealand, decided on the name the ‘Commonwealth of Australia’. The draft constitution was written by Samuel Griffiths, the then Premier of Queensland, and was based on a version written by Tasmanian delegate Andrew Inglis Clark. Clark’s draft was influenced by the United States’ Constitution and several British Acts.
The Constitution of Australia, also known as the Commonwealth Constitution, is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a federation under a constitutional monarchy governed by a parliamentary system. Its eight chapters set down 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 was drafted between 1891 and 1898 at a series of conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved by each state in a series of referendums from 1898 to 1900. The agreed constitution was transmitted to London where, after some minor modifications, it was enacted as section 9 of the Commonwealth of Australia Constitution Act 1900.
The Commonwealth of Australia Constitution Act 1900 was passed in Britain in 1900 and came into effect on 1 January 1901. The six colonies became Australian states, and the new Australian Parliament was formed. The Constitution is the primary, but not exclusive, source of Australian constitutional law; it operates alongside constitutional conventions, state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, prerogative instruments, and judicial interpretations of these laws by the High Court of Australia.
The original copy of the Commonwealth of Australia Constitution Act was kept in the Public Record Office in London. In 1988, it was lent to Australia for the Australian Bicentenary. The Australian Government requested permission to keep the copy, and the British Parliament agreed by passing the Australian Constitution (Public Record Copy) Act 1990. The copy was given to the National Archives of Australia, where it is kept today.
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Independence from the UK
Australia's 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 came into effect on January 1, 1901, marking the unification of six British colonies into states within the newly formed Commonwealth of Australia. This event, known as Federation, signified the beginning of Australia's independence from the United Kingdom.
Prior to Federation, the six colonies of New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania were self-governing British colonies. Between 1891 and 1898, representatives from these colonies drafted the Constitution through a series of conventions. The draft Constitution was then approved by each colony in referendums from 1898 to 1900. This process demonstrated the colonies' push for greater autonomy and self-governance.
After the referendums, the agreed-upon Constitution was transmitted to London, where it underwent minor modifications and was enacted as the Commonwealth of Australia Constitution Act 1900. This Act received royal assent on July 9, 1900, and was proclaimed by Queen Victoria on September 17, 1900, to take effect on January 1, 1901. This Act transformed the colonies into Australian states within the Commonwealth of Australia, a self-governing Dominion within the British Empire.
While the Commonwealth of Australia achieved a degree of sovereignty in its domestic affairs, the United Kingdom initially maintained control over its external relations. Over time, Australia gradually gained more autonomy in its external affairs as well. In 1926, the Balfour Declaration recognised the Dominions, including Australia, as "autonomous Communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs."
The passage of the Statute of Westminster in 1931 further solidified Australia's independence by preventing the UK from making laws for its Dominions. However, Australia did not ratify the Statute of Westminster until 1942, with the Statute of Westminster Adoption Act, backdating its effect to the start of World War II in 1939. This ratification formally ended most of the constitutional links between Australia and the UK, although some ties remained.
It wasn't until 1986, with the passage of the Australia Act, that the remaining constitutional links with the UK were severed. This Act removed the UK's ability to appoint state governors and make laws applicable to the states, as well as ending the appeal to the UK Judicial Committee of the Privy Council. With the Australia Act, Australia achieved full independence from the British Parliament and legal system.
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Amendments
The original copy of the Commonwealth of Australia Constitution Act from 1900 was kept in the Public Record Office in London. In 1988, it was loaned to Australia for the Australian Bicentenary. The Australian Government then requested to keep the copy, to which the British Parliament agreed by passing the Australian Constitution (Public Record Copy) Act 1990. Thus, the original copy of the Commonwealth of Australia Constitution Act is now kept in the National Archives of Australia.
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 is divided into eight chapters, which collectively contain 128 sections.
The Constitution can only be amended through a referendum, as outlined in Section 128. This requires a double majority: a nationwide majority, as well as a majority of voters in a majority of states. This means that a proposed change must be approved by Parliament and then voted on by Australians in a referendum. To date, only eight of the 45 proposed amendments put to a referendum have passed.
One notable amendment occurred in 1967, when Section 127, which provided that "aboriginal natives" were not to be included in headcounts for electoral purposes, was removed by referendum.
Proposals to amend the Constitution to recognise Indigenous Australians and to become a republic are currently the subject of significant debate.
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Frequently asked questions
The original copy of the Commonwealth of Australia Constitution Act from 1900 was kept in the Public Record Office in London.
Yes, in 1988, the original copy was lent to Australia for the Australian Bicentenary. The Australian Government then requested to keep the copy, and the British Parliament agreed by passing the Australian Constitution (Public Record Copy) Act 1990.
The copy of the Constitution Act was given to the National Archives of Australia.
The Australian Constitution is the set of rules by which Australia is run. It establishes the country as a federation under a constitutional monarchy governed by a parliamentary system. It also outlines the structure, role, and powers of the Australian Parliament, and sets out how the Australian and state parliaments share the power to make laws.
