Omar Bennett
The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the country's political structure. It was drafted between 1891 and 1898 at a series of conventions led 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 referendums from 1898 to 1900. The agreed-upon constitution was transmitted to London, where it was passed by the British Parliament in 1900 as the Commonwealth of Australia Constitution Act, coming into effect on January 1, 1901. The Australian Constitution sets out the principles, guidelines, and rules by which the country is run, including the structure, role, and powers of the Australian Parliament and some rights of citizens.
| Characteristics | Values |
|---|---|
| Year of drafting | 1891 |
| Year of finalisation | 1898 |
| Year of approval by each state | 1898-1900 |
| Year of approval by the UK | 1900 |
| Year of implementation | 1901 |
| Drafted by | Sir Samuel Griffith |
| Revisions by | Sir Samuel Griffith, Sir Edmund Barton, Mr Charles Kingston, Mr Andrew Inglis Clark |
| Conventions | National Australasian Convention, Australasian Federal Convention |
| Number of Chapters | 8 |
| Number of Sections | 128 |
| Amendment procedure | Referendum requiring a double majority |
| Number of amendments | 8 out of 45 proposed amendments |
Explore related products
What You'll Learn
Drafting and approval
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 governed by a parliamentary system. The Constitution was drafted between 1891 and 1898 at a series of conventions led by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania.
The drafting process began in 1890 when the colonies decided on a process for drafting a federal constitution at the Australasian Federation Conference. The first convention, the National Australasian Convention, was held in Sydney in 1891 and was chaired by Queensland Premier Samuel Griffith. It was attended by seven delegates from each of the Australian colonies, as well as two delegates from New Zealand, which was also a British colony at the time.
The second convention, the Australasian Federal Convention, took place over three sessions in 1897 and 1898. It was chaired by Edmund Barton, who later became Australia's first prime minister. The final draft of the Constitution was then approved by each state in a series of referendums from 1898 to 1900. The agreed-upon constitution was transmitted to London, where it was passed by the British Parliament as the Commonwealth of Australia Constitution Act 1900.
The Commonwealth of Australia Constitution Act 1900 came into effect on January 1, 1901, marking the formation of the new Australian Parliament and the transformation of the colonies into Australian states. The Constitution sets out the structure, roles, and powers of the Australian Parliament, the Executive Government, and the Judicature. It also outlines the power-sharing arrangements between the Australian and state parliaments and establishes the High Court of Australia as the final court of appeal.
Signs of a First Date: Defining Moments and More
You may want to see also
The role of the UK
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 sets out the structure, role, and powers of the Australian Parliament, outlining how the federal and state parliaments share law-making powers. It also details the roles of the executive government and the High Court of Australia, which is the final court of appeal.
The process of drafting the Constitution began in the late 1800s when the colonies in Australia, which were under the rule of the British Parliament, started to consider the benefits of uniting into a federation. The possibility of Australian Federation had been discussed for many years, but it was not until 1890 that the colonies decided on a process for drafting a federal constitution. The Constitution was drafted between 1891 and 1898 at a series of conventions attended by representatives of the colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania.
The first convention, the National Australasian Convention, was held in Sydney in 1891 and was led by Queensland Premier Samuel Griffith. This was followed by the Australasian Federal Convention, which took place over three sessions in 1897 and 1898 and was chaired by Edmund Barton, who later became Australia's first prime minister. The final draft of the Constitution was then approved by each state in a series of referendums from 1898 to 1900.
After the final draft was approved by the colonies, it was transmitted to London, where the role of the UK came into play. The UK Parliament and the Queen played a crucial part in the enactment of the Australian Constitution. The Commonwealth of Australia Constitution Act 1900 was passed in Britain in 1900 and came into effect on 1 January 1901. This Act, passed by the UK Parliament and assented to by Queen Victoria, gave legal effect to the Constitution and established the Commonwealth of Australia. The colonies became Australian states, and the new Australian Parliament was formed under the framework set out in the Constitution.
The UK's role in the creation of the Australian Constitution reflects the historical context of the time, as Australia transitioned from a collection of British colonies to a unified nation under a constitutional monarchy. The enactment of the Commonwealth of Australia Constitution Act 1900 by the UK Parliament and the Queen marked a significant step in Australia's journey towards self-governance and nationhood.
Thomas Jefferson's Role in the First Constitution
You may want to see also
Amendments
The Australian 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 can only be amended through a referendum, as outlined in Section 128, which requires a double majority: a nationwide majority and a majority of voters in a majority of states.
The process of drafting the Constitution began in 1890 at the Australasian Federation Conference, where the colonies decided on a process for drafting a federal constitution. The Constitution was drafted between 1891 and 1898 at a series of conventions led by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The first convention, the National Australasian Convention, was chaired by Queensland Premier Samuel Griffith, who also drafted the initial bill alongside others. The second convention, the Australasian Federal Convention, was chaired by Edmund Barton, who became Australia's first prime minister.
The final draft of the Constitution was approved by each state in a series of referendums from 1898 to 1900. The agreed-upon Constitution was then transmitted to London, where the Commonwealth of Australia Constitution Act 1900 was passed by the British Parliament and came into effect on January 1, 1901. This act marked the colonies' transition into Australian states and the formation of the new Australian Parliament.
Since its enactment, the Australian Constitution has undergone several amendments through referendums. In 1967, Section 51(xxvi) was amended to enable the Commonwealth to make laws for Indigenous Australians, and Section 127 was repealed to include Indigenous Australians in population counts for constitutional purposes. In 1977, there were several amendments: Section 15 was amended to fill casual vacancies in the Senate with members of the same political party; Section 128 was amended to allow residents of Australian territories to vote in referendums; and Section 72 was amended to mandate a retirement age of 70 for judges in federal courts.
Despite numerous proposals, only eight of the 45 proposed amendments put to a referendum have been approved. The most recent referendum occurred on October 14, 2023, where a proposed amendment to establish an Indigenous Voice to Parliament was rejected. The low success rate of amendments reflects Australian voters' reluctance to approve changes rather than the onerous requirements of Section 128.
The First Signers: Which Colony Inked US History?
You may want to see also
Explore related products
$60 $148
Indigenous Australians
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 was drafted between 1891 and 1898 at a series of conventions led by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. This final draft was then approved by each state through referendums from 1898 to 1900.
The Constitution sets out the principles and guidelines for how the country is run, including the structure, role, and powers of the Australian Parliament. It describes how the Australian and state parliaments share the power to make laws, as well as the roles of the executive government and the High Court of Australia. Notably, the Constitution does not include a bill of rights, and rights for Indigenous Australians have been a subject of significant contemporary debate.
The Australian Constitution, in its current form, does not adequately represent the rights and aspirations of Indigenous Australians. The absence of explicit statements of values, aspirations, or rights in the Constitution, as compared to other constitutions like the US Constitution, has led to ongoing discussions about potential amendments. While some academic, judicial, and political commentators celebrate the "thin" nature of the Constitution, others lament the lack of representation for Indigenous Australians and the need for a more inclusive and comprehensive framework that recognizes their rights and contributions to the country.
Israel's Gratitude to India: A Constitutional Tribute
You may want to see also
The Australian Constitution today
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 sets out the principles and guidelines for how the country is run, including 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 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 document can only be amended by referendum, requiring a double majority: a nationwide majority and a majority of voters in a majority of states. This process reflects a reluctance among Australian voters to approve changes to the Constitution.
The Constitution was drafted between 1891 and 1898 at a series of conventions led by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The first convention, the National Australasian Convention, was chaired by Queensland Premier Samuel Griffith, while the second, the Australasian Federal Convention, was chaired by Edmund Barton, who later became Australia's first prime minister. The final draft was approved by each state in referendums from 1898 to 1900.
Over time, the Constitution has been amended to address various issues. For example, in 1967, the Constitution was amended to allow the Commonwealth to make laws for Indigenous Australians and to include them in population counts for constitutional purposes. There have also been discussions about replacing the current Constitution, particularly after the 2017-18 Australian parliamentary eligibility crisis. However, the most recent referendum on 14 October 2023 rejected a proposed amendment to establish an Indigenous Voice to Parliament.
The Constitution's Complex Legacy on Slavery
You may want to see also
Frequently asked questions
The first Australian Constitution was drafted between 1891 and 1898 at a series of conventions led by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania. The first draft was written by Sir Samuel Griffith, along with Sir Edmund Barton, Charles Kingston, and Andrew Inglis Clark.
Yes, the final draft was approved by each state in a series of referendums from 1898 to 1900. The Constitution can only be changed with the approval of the Australian people in a referendum.
The Commonwealth of Australia Constitution Act 1900 was passed in Britain in 1900 and came into effect on 1 January 1901.
