Eleanor Finch
Australia's Constitution is the primary source of Australian constitutional law, outlining the country's system of government and the rights of its people. The Constitution came into effect in 1901, uniting the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania under the Crown of the United Kingdom of Great Britain and Ireland, with Western Australia joining later. The document can only be amended through a referendum, requiring a double majority of a nationwide vote and a majority of voters in a majority of states. The Constitution does not include a bill of rights, but it does explicitly state certain rights and restrictions, such as the right to a trial by jury for indictable offences, freedom of religion, and freedom from discrimination based on state residence.
| Characteristics | Values |
|---|---|
| Highest law in Australia | Defines rules for the government |
| Establishes a democratic system | |
| Guarantees the right to vote | |
| Provides a framework for the government to operate | |
| Grants the Parliament the power to make laws on matters both national and personal | |
| Grants freedom of political communication | |
| Grants freedom of interference from voting in elections | |
| Establishes the High Court of Australia | |
| Grants religious freedom | |
| Written constitution | Sets down the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government and the Judicature |
| Establishes Australia as a federation | |
| Grants the Parliament the power to change existing laws or create new laws | |
| Grants the Parliament the power to create laws surrounding the broadcast of radio, internet, and television |
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What You'll Learn
To unite the six colonies under a federal system
Australia's Constitution, also known as the Commonwealth Constitution, is the highest law in the country. It is a written constitution that 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 Constitution served two primary functions. Firstly, it established a governmental system for the newly formed Commonwealth of Australia. Secondly, it united the six colonies under a federal system, creating a single governing document that all six states would be compelled to follow. The Constitution defines the systems and rules for the government, establishing a democratic form of government that guarantees the people the right to vote.
The Constitution sets out the structure, role, and powers of the Australian Parliament, detailing how the Australian and state parliaments share the power to make laws. It also establishes the High Court of Australia, which has the ultimate responsibility to resolve legal disputes about the interpretation of the Constitution and to settle disputes between the Australian and state governments.
The Australian Constitution enables the Parliament to make laws on various topics, including both national and personal matters. For example, it gives Parliament the power to make laws on foreign affairs, defence, taxes, unemployment benefits, marriage and divorce, pensions, and immigration.
The Constitution was written with the understanding that it would need to be changed and adapted as the country evolved. As such, the federal government can propose changes to the Constitution through a referendum, where a majority of Australian voters must approve the amendments.
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To establish a democratic system
The Australian Constitution is the highest law in Australia, defining the rules for the government and establishing a democratic system that guarantees the right to vote. It is a written constitution, which establishes the country 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 conducted by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania.
In 1901, Australia federated, and the six colonies became the six states, creating the Commonwealth of Australia. They achieved this by creating the Constitution, a single governing document that all six states would be compelled to follow. This Constitution had two primary functions: first, to establish a governmental system for the newly formed Commonwealth of Australia, and second, to unite the six colonies under a federal system and establish the powers and responsibilities of each level of government.
The Constitution is a small document with a big job: to govern the government. 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. The Constitution does not cover all features of Australia's system of government. For example, the Prime Minister and the Cabinet are not mentioned in the Constitution. The Prime Minister and Cabinet operate by custom and tradition, similar to the British system from which they came.
The Australian Constitution enables the Parliament to make laws on certain topics. For example, it gives the Parliament the power to make laws on matters both national and personal. These include big issues like foreign affairs, defence, and taxes, as well as more personal matters like unemployment benefits, marriage and divorce, pensions, and immigration.
The Constitution was written to govern a country that would change and evolve, and its authors recognized that sometimes the document might need to be changed. If the federal government wants to change the Constitution, it has to ask the Australian people through a referendum. If a change to the Constitution is successful, it may pave the way for the government to change existing laws or create new laws relating to the amended Constitution.
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To guarantee the right to vote
The Australian Constitution, also known as the Commonwealth Constitution, is the highest law in Australia, defining the rules for the government and establishing a democratic system that guarantees the right to vote.
The Constitution is a written document that establishes the country as a federation under a constitutional monarchy governed by a parliamentary system. It sets out the structure, role, and powers of the Australian Parliament, detailing how the federal parliament is elected, how it works, and how it can be dissolved.
The right to vote is a fundamental human right and civil liberty, recognised in Article 25 of the International Covenant on Civil and Political Rights, which Australia has signed. This right is guaranteed to citizens by the Australian Constitution, which provides that representatives in Australia's houses of parliament be "directly chosen by the people".
While the Constitution does not explicitly mention the right to vote, the High Court has found a degree of implied Constitutional protection. For example, in Roach v Electoral Commissioner (2007), the High Court held that amendments to the Commonwealth Electoral Act that prohibited prisoners from voting were inconsistent with the Constitution. The Court emphasised that while the right to vote could be limited in certain circumstances, it is a fundamental aspect of a democratic nation such as Australia, where governments are elected by popular vote.
It is important to note that the right to vote is not enjoyed equally by all Australians. While almost all Australians over 18 years old have the right and obligation to vote, certain groups may face legal or practical restrictions, including those who are young, live in rural or remote areas, have disabilities, are Indigenous, homeless, or serving a prison sentence.
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To define the structure, role, and powers of the Australian Parliament
The Australian Constitution is the highest law in Australia, defining the rules for the government and establishing a democratic system that guarantees the right to vote. It is a written constitution that establishes the country as a federation under a constitutional monarchy governed by a parliamentary system. The Constitution's 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 describes the structure, role, and powers of the Australian Parliament. It sets out how the Australian and state parliaments share the power to make laws, including on matters of national significance and personal importance. For instance, the Parliament can make laws on foreign affairs, defence, and taxes, as well as on unemployment benefits, marriage and divorce, pensions, and immigration. The Constitution also establishes the High Court of Australia, which interprets the Constitution, decides its meaning, and settles disputes between the Australian and state governments.
The Australian Parliament is bicameral, consisting of two houses: the Senate and the House of Representatives. The King is represented by the Governor-General in Parliament. The Constitution outlines the process by which the federal parliament is elected, how it functions, and how it can be dissolved. It also details the roles of the executive government and some of the rights of Australian citizens, such as the right to religious freedom and freedom of political communication.
The Constitution was designed to be adaptable, allowing for changes to be made with the approval of the Australian people through a referendum. This process involves the proposed change being approved by Parliament and then voted on by Australians, requiring a majority of voters in a majority of states and nationwide. This adaptability ensures that the Constitution remains relevant and effective as the country evolves.
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To establish the High Court of Australia
The Australian Constitution was established to govern the country and its government, setting out the rules by which Australia and its government should operate. The Constitution establishes the country as a federation under a constitutional monarchy governed by a parliamentary system.
The Constitution is the highest law in Australia, and it defines the rules and systems for the government. It establishes a democratic form of government, guaranteeing the people the right to vote. It also provides the framework within which the government can operate, outlining the structure, role, and powers of the Australian Parliament.
The Constitution also establishes the High Court of Australia, which is the highest court in the Australian judicial system. The High Court was established in 1901 by Section 71 of the Constitution and further by the Judiciary Act 1903. It consists of seven justices, including a chief justice, who are appointed by the governor-general on the advice of the attorney-general and with the approval of the prime minister and Cabinet.
The High Court has several functions, including interpreting and applying Australian law, deciding cases of special federal significance, and hearing appeals from Federal, State, and Territory courts. It is the final court of appeal and is responsible for interpreting the Constitution, deciding its meaning, and ensuring a separation of powers. The High Court also settles disputes between the Australian and state governments and those relating to the respective powers of the states and the Commonwealth.
The High Court's authority is derived from Chapter III of the Australian Constitution, which vests it with the judicial power of the Commonwealth. Its internal processes are governed by the High Court of Australia Act 1979.
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