Isabella Carter
The Australian Constitution, also known as the Commonwealth Constitution, is the set of rules by which Australia is governed. It establishes the country as a federation under a constitutional monarchy with a parliamentary system. The Constitution was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia and was approved by each state in a series of referendums from 1898 to 1900. The final draft was then transmitted to London, where the British Parliament passed the Commonwealth of Australia Constitution Act 1900, which came into effect on 1 January 1901. The Constitution outlines the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature. It also sets out the power-sharing arrangement between the Australian and state parliaments and details the roles of the Executive Government and the High Court of Australia. While the Constitution can only be changed with the approval of the Australian people through a referendum, it remains in force as a statute of the UK, despite Australia's independence.
| Characteristics | Values |
|---|---|
| Legal basis | The Australian Constitution is the fundamental law that governs the country's political structure. |
| Type of government | The Constitution establishes Australia as a federation under a constitutional monarchy with a parliamentary system. |
| Federal structure | The Constitution sets out the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature. |
| Law-making | It outlines the power-sharing arrangement between the Australian Parliament and state parliaments in law-making. |
| Amendments | The Constitution can only be changed with the approval of the Australian people through a referendum. |
| Interpretation | The Constitution is interpreted to ensure that the monarch of the UK is automatically the monarch of Australia. However, some academics suggest that this interpretation may be extended to the current lawful monarch under Australian succession law. |
| Historical context | The Constitution arose from the growing presence of German and French colonies in the Pacific and the emergence of a separate Australian identity. |
| Drafting process | The Constitution was drafted between 1891 and 1898 by representatives of the British colonies in Australia and was approved by each state in referendums from 1898 to 1900. |
| Implementation | The Commonwealth of Australia Constitution Act 1900 was passed in Britain and came into effect on January 1, 1901, marking the formation of the new Australian Parliament. |
| Current status | There have been discussions to retain or replace the Constitution following the 2017-2018 Australian parliamentary eligibility crisis. |
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What You'll Learn
The Australian Constitution is a written document
The Australian Constitution, also known as the Commonwealth Constitution, is a written document that outlines the fundamental laws governing 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 and 128 sections, detailing the structure, roles, 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 attended by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. These conventions addressed the growing desire for federalism among the colonies and the emergence of a separate Australian identity. The draft constitution was then approved by each state through a series of referendums from 1898 to 1900.
The approved constitution was transmitted to London, where the British Parliament passed the Commonwealth of Australia Constitution Act 1900. This Act came into effect on January 1, 1901, marking the formation of the new Australian Parliament and the transition of colonies into Australian states. Despite Australia's subsequent independence, the Act remains in force as a statute of the UK.
The Australian Constitution is not static and 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. This process underscores the importance of popular consent in shaping the nation's governing document.
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The Constitution establishes Australia as a federation
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, outlining the structure and powers of its three constituent parts: the Parliament, the Executive Government, and the Judicature. This written constitution is divided into eight chapters and 128 sections, with sections 1 to 8 referred to as the "covering clauses."
The Constitution's origins can be traced back to the late 1800s when British colonies in Australia began to seek unity as a federation. This desire for federalism was driven by concerns over the growing presence of German and French colonies in the Pacific and the emergence of a distinct Australian identity. Representatives from the colonies attended a series of conventions between 1891 and 1898, where they drafted the Constitution.
The draft Constitution was then put to a vote, and the people of the colonies approved it in a series of referendums from 1898 to 1900. However, it also required the consent of the British Parliament. The Commonwealth of Australia Constitution Act 1900 was passed in Britain in 1900 and came into effect on January 1, 1901. This act transformed the colonies into Australian states and established the new Australian Parliament.
The Australian Constitution outlines the powers and roles of the federal and state governments, including their ability to make laws. It establishes a bicameral Parliament, consisting of the King (represented by the Governor-General), the Senate, and the House of Representatives. The Constitution also acknowledges the High Court of Australia as the final court of appeal. Additionally, it guarantees certain rights for Australian citizens, such as religious freedom.
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The Australian Parliament
The Australian Constitution, also known as the Commonwealth Constitution, is the set of rules by which Australia is governed. It 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, role, and powers of the Australian Parliament, the Executive Government, and the Judicature.
The Constitution sets out the power-sharing arrangements between the Australian Parliament and the state parliaments. It describes how the two levels of government share the power to make laws. The Constitution also outlines the roles of the Executive Government and the High Court of Australia, which is the final court of appeal.
The Australian Constitution was drafted between 1891 and 1898 at a series of conventions attended by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The draft Constitution was then approved by each state in a series of referendums from 1898 to 1900. The Commonwealth of Australia Constitution Act 1900 was passed in Britain in 1900 and came into effect on January 1, 1901, marking the formation of the new Australian Parliament.
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 is only passed if approved by a majority of voters in a majority of states and by a majority of voters across the nation.
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The Executive Government
The Australian Constitution, also known as the Commonwealth Constitution, establishes Australia as a federation under a constitutional monarchy governed by a parliamentary system. The Constitution sets out the structure and powers of the three constituent parts of the federal level of government, including the Executive Government. While most of the executive power is granted by statute, the executive branch retains certain powers traditionally part of the royal prerogative, such as the power to declare war and enter into treaties.
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The Judicature
The Australian Constitution, also known as the Commonwealth Constitution, outlines the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature.
One of the key roles of the Judicature is to ensure that laws passed by the Parliament and implemented by the Executive Government are consistent with the Constitution. This is known as the power of judicial review, where the High Court can declare a law invalid if it is found to be inconsistent with the Constitution. This power helps maintain the balance of power between the three arms of government and protects the rights and freedoms of Australian citizens.
In addition to its role in law interpretation and constitutional matters, the Judicature also hears appeals on a wide range of legal issues, including criminal and civil cases. It is the highest court in the land, and its decisions are binding on all lower courts in Australia. The Judicature also has the power to hear references from lower courts, where a lower court can seek guidance from the High Court on a particular point of law.
The independence and impartiality of the Judicature are crucial to its function and are ensured through a range of measures. The appointment process for justices is designed to be rigorous and non-partisan, with appointments based on merit and legal expertise. The Judicature is also protected from interference by the other branches of government, with its powers and independence enshrined in the Constitution. This helps to ensure that the court can carry out its duties without influence or pressure from external sources, maintaining the integrity of the judicial system in Australia.
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Frequently asked questions
The Australian people. It is the fundamental law that governs the political structure of Australia, outlining the rules by which the country is run.
Yes, but it requires the approval of the Australian people. A proposed change must first be approved by Parliament and then voted on by Australians in a referendum.
The Australian Constitution consists of eight chapters and 128 sections, detailing the structure, role, and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature.
