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Encyclopedia > Constitution of Australia
Australia

This article is part of the series:
Politics and government of
Australia
Image File history File links Size of this preview: 777 × 600 pixelsFull resolution (788 × 608 pixel, file size: 640 KB, MIME type: image/png) poop File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... John Howard MP, Prime Minister of Australia and leader of the Liberal Party Kevin Rudd MP, Leader of the Opposition and Leader of the Australian Labor Party The Politics of Australia take place within the framework of parliamentary democracy. ...


Federal Government The Commonwealth of Australia is a constitutional monarchy, a federation, and a parliamentary democracy. ...

Executive

Legislative Elizabeth II, Queen of Australia, in 1952 and 2002 The title Queen of Australia has existed since 1973, when the Parliament of Australia passed the Royal Style and Titles Act (1973). ... Elizabeth II (Elizabeth Alexandra Mary Windsor; born 21 April 1926) is Queen of sixteen sovereign states, holding each crown and title equally. ... The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ... This article is about the Governor-General of Australia. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... John Winston Howard (born 26 July 1939) is an Australian politician and the 25th Prime Minister of Australia. ... The Cabinet of Australia (whose members also serve in the Executive Council of Australia) is the council of senior ministers, responsible to parliament. ... The Federal Executive Council is the formal body holding executive authority under the Australian Constitution. ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ...

1901 - 1972 - 1974 - 1975 - 1977 - 1980 - 1983 - 1984 - 1987 - 1990 - 1993 - 1996 - 1998 - 2001 - 2004 - 2007 Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens... Australian Senate chamber Entrance to the Senate The Senate is the upper of the two houses of the Parliament of Australia. ... Type Lower house Speaker of the House David Hawker, Liberal since November 16, 2004 Members 150 Political groups Liberal Party (74) ALP (60) National Party (12) Country Liberal Party (1) Last elections 9 October 2004 Meeting place Parliament House, Canberra, ACT Web site House of Representatives Entrance to the House... Elections in Australia gives information on elections and election results in Australia. ... This article deals with elections to the Australian Parliament. ... The Australian House of Representatives is elected from 150 single-member districts called Divisions. ... Federal elections for the inaugural Parliament of Australia were held in Australia on March 29 and March 30, 1901 following Federation and the establishment of the Commonwealth of Australia. ... Federal elections were held in Australia on 2 December 1972. ... Federal elections were held in Australia on 18 May 1974. ... Federal elections were held in Australia on 13 December 1975. ... Federal elections were held in Australia on 10 December 1977. ... Federal elections were held in Australia on 18 October 1980. ... Federal elections were held in Australia on 5 March 1983. ... Federal elections were held in Australia on 1 December 1984. ... Federal elections were held in Australia on 11 July 1987. ... Federal elections were held in Australia on 24 March 1990. ... Federal elections were held in Australia on 13 March 1993. ... Federal elections were held in Australia on 2 March 1996. ... Federal elections were held in Australia on 3 October 1998. ... Federal elections were held in Australia on 10 November 2001. ... Federal elections were held in Australia on 9 October 2004. ... The 2007 election for the federal Parliament of Australia will take place on Saturday 24 November. ...

Judicial The Politics series Politics Portal This box:      In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ...


State and territory governments High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ... Courtroom 1 in the High Court in Canberra. ... The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ...

Executive

Legislative Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... The Premiers of the Australian states are the heads of the executive governments in the six states of the Commonwealth of Australia. ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ...

ACT - NSW - NT - Qld. -
SA - Tas. - Vic. - WA The Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... Capital Canberra Government Constitutional monarchy Administrator none Chief Minister Jon Stanhope (ALP) Federal representation  - House seats 2  - Senate seats 2 Gross Territorial Product (2006)  - Product ($m)  $19,167 (6th)  - Product per capita  $57,303/person (1st) Population (End of November 2006)  - Population  333,667 (7th)  - Density  137. ... The form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... Queensland Government Logo The Government of Queensland is commonly known as the Queensland Government. ... The form of the Government of South Australia is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ... Tasmanian Coat of Arms featuring two Thylacines The form of the Government of Tasmania is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ... The form of the Government of Victoria is prescribed in its Constitution, which dates from 1855, although it has been amended many times since then. ... The formation of the Government of Western Australia is prescribed in its Constitution, which dates from 1890, although it has been amended many times since then. ...


Local government Australia has two tiers of subnational government: state (or territory) government and local government. ...


Political parties Political parties in Australia lists political parties in Australia. ...

Democrats - Greens - Labor Party -
Country Liberal Party - Family First Party -
Liberal Party - National Party The Australian Democrats is an Australian political party which was formed in 1977 through a merger of the Australia Party and the Liberal Movement after principals of those minor parties secured the commitment of former Liberal minister Don Chipp as a high-profile leader[1]. The new party was based... The Australian Greens, commonly known as The Greens, is a Green Australian political party. ... ALP redirects here. ... In Australian politics, the Country Liberal Party (CLP) is the Northern Territory equivalent to the Liberal and National parties. ... The Family First Party (FFP/F1) is a political party in Australia, with policies that generally mirror socially conservative and family values. ... The Liberal Party of Australia is an Australian political party. ... The National Party of Australia is an Australian political party. ...


Foreign relations RG Casey House, Canberra, is the headquarters of the Department of Foreign Affairs and Trade, the department responsible for the formulation and enactment of Australian foreign policy. ...


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The Constitution of Australia is the law under which the Australian Commonwealth government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia. The Constitution was approved in referendums held over 1898 - 1900 by the people of the Australian colonies, and the approved draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 (Imp), an Act of the Parliament of the United Kingdom. The Constitution came into force on 1 January 1901. Even though the Constitution was originally given legal force by an Act of the United Kingdom parliament, as Australia is now an independent country, the United Kingdom parliament has no power to change the Constitution, and only the Australian people can amend it (by referendum). Letters patent issued by the Crown, on the advice of Australian ministers, are also part of the Constitution of Australia. Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... The Commonwealth of Australia is a constitutional monarchy, a federation, and a parliamentary democracy. ... Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... Australia, having a federal system of government, is divided into states and territories. ... An Act of Parliament or Act is law enacted by the parliament (see legislation). ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Lord Speaker Hélène Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn Féin... is the 1st day of the year in the Gregorian calendar. ... Year 1901 (MCMI) was a common year starting on Tuesday (link will display calendar) of the Gregorian calendar (or a common year starting on Monday [1] of the 13-day-slower Julian calendar). ... Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government granting an office, a right, monopoly, title, or status to someone or some entity such as... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...


Other pieces of legislation have constitutional significance for Australia. These are the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act 1986, which was passed in equivalent forms by the Parliaments of every Australian state, the United Kingdom, and the Australian Federal Parliament. Together, these Acts had the effect of severing all constitutional links between Australia and the United Kingdom. Even though the same person, Queen Elizabeth II, is the head of state of both countries, she acts in a distinct capacity as head of state of each. This article is about the Statute of Westminster relating to the British Empire and its dominions. ... The Statute of Westminster Adoption Act 1942 was an Act of the Parliament of Australia which formally accepted the Statute of Westminster 1931, an Act of the British Imperial Parliament which established the legislative independence of the various self-governing Dominions of the British Empire, allowing their parliaments and governments... Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra The Australia Act 1986 is an act of the Parliament of Australia (No. ... Elizabeth II (Elizabeth Alexandra Mary Windsor; born 21 April 1926) is Queen of sixteen sovereign states, holding each crown and title equally. ...


Under Australia's common law system, the High Court of Australia and the Federal Court of Australia have the authority to interpret constitutional provisions.[1] Their decisions determine the interpretation and application of the constitution. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ... In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...

Contents

History

The history of the Constitution of Australia began with moves towards federation in the 19th Century, which culminated in the federation of the Australian colonies to form the Commonwealth of Australia in 1901. However, the Constitution has continued to develop since then, with two laws having particularly significant impact on the Constitutional status of the nation. // Main article: Australian federation After European settlement in 1788, Australia was politically organized as a number of separate British colonies, eventually six in all. ... Year 1901 (MCMI) was a common year starting on Tuesday (link will display calendar) of the Gregorian calendar (or a common year starting on Monday [1] of the 13-day-slower Julian calendar). ...


Federation

In the mid-19th Century, a desire to facilitate cooperation on matters of mutual interest, especially intercolonial tariffs, led to proposals to unite the separate British colonies in Australia under a single federation. However, impetus mostly came from Britain and there was only lacklustre local support.[2] The smaller colonies feared domination by the larger ones; Victoria and New South Wales disagreed over the ideology of protectionism; the then-recent American Civil War also hampered the case for federalism. These difficulties led to the failure of several attempts to bring about federation in the 1850s and 1860s. The federation of Australia was the process by which the six separate British colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed a federation. ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... A United Kingdom overseas territory (formerly known as a dependent territory or earlier as a crown colony) is a territory that is under the sovereignty and formal control of the United Kingdom but is not part of the United Kingdom proper (Great Britain and Northern Ireland). ... VIC redirects here. ... NSW redirects here. ... Protectionism is the economic policy of restraining trade between nations, through methods such as high tariffs on imported goods, restrictive quotas, a variety of restrictive government regulations designed to discourage imports, and anti-dumping laws in an attempt to protect domestic industries in a particular nation from foreign take-over... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... // Production of steel revolutionized by invention of the Bessemer process Benjamin Silliman fractionates petroleum by distillation for the first time First transatlantic telegraph cable laid First safety elevator installed by Elisha Otis Railroads begin to supplant canals in the United States as a primary means of transporting goods. ... // The First Transcontinental Railroad in the USA was built in the six year period between 1863 and 1869. ...


By the 1880s, fear of the growing presence of the Germans and the French in the Pacific, coupled with a growing Australian identity, created the opportunity for establishing the first inter-colonial body, the Federal Council of Australasia, established in 1885. The Federal Council could legislate on certain subjects, but did not have a permanent secretariat, an executive, or independent source of revenue. The absence of New South Wales, the largest colony, also diminished its representative value. // Development and commercial production of electric lighting Development and commercial production of gasoline-powered automobile by Karl Benz, Gottlieb Daimler and Maybach First commercial production and sales of phonographs and phonograph recordings. ... The Australiasian Federal Council was a fore-runner to the current Commonwealth of Australia, though its structure and members were different. ... 1885 (MDCCCLXXXV) is a common year starting on Thursday of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ... NSW redirects here. ...


Henry Parkes, the Premier of New South Wales, was instrumental in pushing for a series of conferences in the 1890s to discuss federalism - one in Melbourne in 1890, and another (the National Australasian Convention) in Sydney in 1891, attended by colonial leaders. By the 1891 conference, significant momentum had been built for the federalist cause, and discussion turned to the proper system of government for a federal state. Under the guidance of Sir Samuel Griffith, a draft constitution was drawn up. However, these meetings lacked popular support. Furthermore, the draft constitution side-stepped certain important issues, such as tariff policy. The draft of 1891 was submitted to colonial parliaments but lapsed in New South Wales, after which the other colonies were unwilling to proceed. Sir Henry Parkes Sir Henry Parkes GCMG, (27 May 1815 – 27 April 1896) was an Australian politician, also called the Father of Federation because he was the one who started Federation for Australians and is at least considered the most prominent among the Australian Founding Fathers. ... List of Premiers of New South Wales Before the 1890s there was no formal party system in New South Wales. ... This article is about the Australian city; the name may also refer to City of Melbourne or Melbourne city centre. ... Year 1890 (MDCCCXC) was a common year starting on Wednesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the Julian calendar). ... This article is about the metropolitan area in Australia. ... Year 1891 (MDCCCXCI) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ... Year 1891 (MDCCCXCI) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ... Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ...


In 1895, the six premiers of the Australian colonies agreed to establish a new Convention by popular vote. The Convention met over the course of a year from 1897 to 1898. The meetings produced a new draft which contained substantially the same principles of government as the 1891 draft, but with added provisions for responsible government. To ensure popular support, the draft was presented to the electors of each colony. After one failed attempt, an amended draft was submitted to the electors of each colony except Western Australia. After ratification by the five colonies, the Bill was presented to the Westminster Parliament with an Address requesting the Queen to enact the Bill. Year 1895 (MDCCCXCV) was a common year starting on Tuesday (link will display full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day-slower Julian calendar). ... 1897 (MDCCCXCVII) was a common year starting on Friday (see link for calendar). ... Year 1898 (MDCCCXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day-slower Julian calendar). ... Year 1891 (MDCCCXCI) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ... Responsible government is a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy. ... Slogan or Nickname: Wildflower State or the Golden State Other Australian states and territories Capital Perth Government Constitutional monarchy Governor Ken Michael Premier Alan Carpenter (ALP) Federal representation  - House seats 15  - Senate seats 12 Gross State Product (2005-06)  - Product ($m)  $107,910 (4th)  - Product per capita  $53,134/person... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... Victoria Queen of the United Kingdom of Great Britain and Ireland, Empress of India Victoria (Alexandrina Victoria) (24 May 1819–22 January 1901) was a Queen of the United Kingdom, reigning from 20 June 1837 until her death. ...


Before the Bill was passed, however, one final change was made by the imperial government, upon lobbying by the Chief Justices of the colonies, so that the right to appeal from the High Court to the Privy Council on constitutional matters concerning the limits of the powers of the Commonwealth or States could not be curtailed by parliament. Finally, the Commonwealth of Australia Constitution Act was passed by the British Parliament in 1900. Western Australia finally agreed to join the Commonwealth in time for it to be an original member of the Commonwealth of Australia, which was officially established on January 1, 1901. High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ... A privy council is a body that advises the head of state of a nation, typically in a monarchy. ... Slogan or Nickname: Wildflower State or the Golden State Other Australian states and territories Capital Perth Government Constitutional monarchy Governor Ken Michael Premier Alan Carpenter (ALP) Federal representation  - House seats 15  - Senate seats 12 Gross State Product (2005-06)  - Product ($m)  $107,910 (4th)  - Product per capita  $53,134/person... is the 1st day of the year in the Gregorian calendar. ... Year 1901 (MCMI) was a common year starting on Tuesday (link will display calendar) of the Gregorian calendar (or a common year starting on Monday [1] of the 13-day-slower Julian calendar). ...


In 1990, the original copy of the Commonwealth of Australia Constitution Act 1900 from the Public Records Office in London was lent to Australia, and the Australian government requested permission to keep the copy. The British parliament agreed by passing the Australian Constitution (Public Record Copy) Act 1990. Year 1990 (MCMXC) was a common year starting on Monday (link displays the 1990 Gregorian calendar). ... The Public Record Office of the United Kingdom is one of the two organisations that make up the National Archives (the other is the Historical Manuscripts Commission). ... This article is about the capital of England and the United Kingdom. ... The Australian Constitution (Public Record Copy) Act 1990 was an Act of the British Parliament, passed in 1990. ...


The Statute of Westminster and the Australia Acts

Although Federation is often regarded as the moment of "independence" of Australia from Britain, legally the Commonwealth was a creation of the British Imperial Parliament, through the Commonwealth of Australia Constitution Act 1900 (Imp), which applied to Australia by paramount force. As a result, there was continued uncertainty as to the applicability of British Imperial laws to the Commonwealth. This was resolved by the Statute of Westminster 1931, adopted by the Commonwealth via the Statute of Westminster Adoption Act 1942. The Statute of Westminster freed the Dominions, including the Commonwealth, from Imperial restrictions.[3] Legally, this is often regarded as the moment of Australia's national independence. The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... The British Empire in 1897, marked in pink, the traditional colour for Imperial British dominions on maps. ... Australia, officially the Commonwealth of Australia, is the sixth-largest country in the world, the only country to occupy an entire continent, and the largest in the region of Australasia/Oceania. ... This article is about the Statute of Westminster relating to the British Empire and its dominions. ... The Statute of Westminster Adoption Act 1942 was an Act of the Parliament of Australia which formally accepted the Statute of Westminster 1931, an Act of the British Imperial Parliament which established the legislative independence of the various self-governing Dominions of the British Empire, allowing their parliaments and governments... This article is about Dominions of the British Empire and of the Commonwealth of Nations. ...


However, Imperial laws continued to be paramount in Australian states. This was resolved by the Australia Act 1986, which was passed in substantially the same form by the parliaments of Australia, the United Kingdom, and each of the Australian states. In addition to ending the British Parliament's power to legislate over Australian states, the Australia Acts also cut the last avenues of appeal from the Australian courts to the Judicial Committee of the Privy Council. As a symbol of the significance of this legislation, Queen Elizabeth II travelled to Australia to personally sign the proclamation of the law. Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra The Australia Act 1986 is an act of the Parliament of Australia (No. ... Australia, having a federal system of government, is divided into states and territories. ... Courtroom 1 in the High Court in Canberra. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... Elizabeth II in an official portrait as Queen of Canada (on the occasion of her Golden Jubilee in 2002, wearing the Sovereigns badges of the Order of Canada and the Order of Military Merit) Her Majesty Queen Elizabeth II (Elizabeth Alexandra Mary) (born 21 April 1926), styled HM The...


One result of these two laws is that Australia is now a fully independent country, and the text of the Constitution is now regarded as fully separated from the text in the original Act, since only the Australian people can amend the Constitution, by referendum. Even if the United Kingdom Parliament were to repeal the Commonwealth of Australia Constitution Act 1900, it would have no effect on Australia. Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...


The only United Kingdom law which today has application for Australia is the law governing succession to the throne, but even the applicability of this has never been tested.[citation needed] The Act of Union 1800 merged the Kingdom of Ireland and the Kingdom of Great Britain (itself a merger of England and Wales and Scotland under the Act of Union 1707) to create the United Kingdom of Great Britain and Ireland on 1 January 1801. ...


Articles

The Commonwealth of Australia Constitution Act 1900 (Imp) contains a Preamble, and nine sections. Sections 1 - 8 are covering clauses outlining the legal procedures for the establishment of the Commonwealth. Section 9, beginning with the words "The Constitution of the Commonwealth shall be as follows ...", contains the Constitution of the Commonwealth of Australia. The Constitution itself is divided into eight chapters.


The Parliament

Chapter I sets up the legislative branch of government, the parliament. Section 1 provides that legislative power is vested in the Parliament, which is composed of the Queen, the Senate, and the House of Representatives. The Queen's powers are normally exercised by the Governor-General (Section 2). Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... Australian Senate chamber Entrance to the Senate The Senate is the upper of the two houses of the Parliament of Australia. ... Type Lower house Speaker of the House David Hawker, Liberal since November 16, 2004 Members 150 Political groups Liberal Party (74) ALP (60) National Party (12) Country Liberal Party (1) Last elections 9 October 2004 Meeting place Parliament House, Canberra, ACT Web site House of Representatives Entrance to the House... The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ...


Part II of this chapter deals with the Senate. Senators are to be "directly chosen by the people of the State", voting as a single electorate. Each State is to have the same number of senators. Currently, there are 12 senators for each State, and 2 each for the mainland territories, the Northern Territory and the Australian Capital Territory. For similar terms, see Northern Territories (disambiguation) Slogan or Nickname: The Territory, The NT, The Top End Motto(s): none Other Australian states and territories Capital Darwin Government Constitutional monarchy Administrator Ted Egan Chief Minister Clare Martin (ALP) Federal representation  - House seats 2  - Senate seats 2 Gross Territorial Product (2004... Capital Canberra Government Constitutional monarchy Administrator none Chief Minister Jon Stanhope (ALP) Federal representation  - House seats 2  - Senate seats 2 Gross Territorial Product (2006)  - Product ($m)  $19,167 (6th)  - Product per capita  $57,303/person (1st) Population (End of November 2006)  - Population  333,667 (7th)  - Density  137. ...


Part III deals with the House of Representatives. As nearly as practicable, it is to be composed of twice as many members as the Senate, each elected by a single electorate. The number of electorates in a State is to be (roughly) proportional to its share of the national population.


Part IV ("Both Houses of the Parliament") deals with eligibility for voting and election to the parliament, parliamentary allowances, parliamentary rules and related matters.


Part V deals with the powers of the parliament. Section 51 deals with powers of the Commonwealth parliament. These are "concurrent powers", in the sense that both Commonwealth and States can legislate on these subjects, although federal law prevails in the case of inconsistency (Section 109). Section 52 deals with powers exclusively vested in the Commonwealth parliament. States cannot legislate on these subjects. Section 51 of the Australian Constitution grants legislative powers to the Australian (Commonwealth) Parliament. ... In Australia, legislative power is held concurrently by the Commonwealth and the States. ...


The Executive

Chapter II sets up the executive branch of government. Executive power is to be exercised by the Governor-General as the Queen's representative, advised by the Federal Executive Council. Under this Chapter, the Governor-General is the commander in chief, and may appoint and dismiss the members of the Executive Council, ministers of state, and all officers of the executive government. These powers, along with the powers to dissolve (or refuse to dissolve) parliament (Section 5, Section 57), are termed "reserve powers", and their use is dictated by convention. Generally, the Governor-General acts only on the advice of the Prime Minister. The Federal Executive Council is the formal body holding executive authority under the Australian Constitution. ... The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...


The Judicature

Chapter III sets up the judicial branch of government. Judicial power is vested in a "Federal Supreme Court" to be called the High Court of Australia (Section 71). Section 72 allows for the creation of other federal courts by the Parliament, and requires that all federal courts, including the High Court, must have security of tenure. Such courts are called "Chapter III Courts". These, and only these, courts can exercise federal judicial power. The High Court has jurisdiction over matters arising under the Constitution, federal laws, treaties, foreign affairs (Sections 75-78). The High Court is also the apex appellate court in Australia, and hears appeals from any other federal court, state Supreme Courts, and the Inter-State Commission only on questions of law. High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ... Security of Tenure is a term used in political science to describe a constitutional or legal guarantee that an office-holder cannot be removed from office except in exceptional and specified circumstances. ... In Australian Constitutional Law Chapter Three Courts or Chapter III Courts are courts of law which are a part of the judiciary, and thus are able to discharge judicial power. ... Courtroom 1 in the High Court in Canberra. ... The Inter-State Commission, or Interstate Commission, is a defunct constitutional body under Australian law. ...


Finance and Trade

Chapter IV deals with finance and trade in the federal system. Section 81 prescribes that all Commonwealth revenue shall form the Consolidated Revenue Fund. Parliament can make laws as to the appropriations of money (Section 53). Unlike most other powers of the parliament, laws made under the appropriations power are not ordinarily susceptible to effective legal challenge. Section 90 gives the Commonwealth exclusive power over duties of custom and excise.


Section 92 provides that "trade, commerce, and intercourse among the States shall be absolutely free". The precise meaning of this phrase is the subject of a considerable body of law. Section 51(i) of the Australian Constitution enables the Commonwealth government of Australia both to regulate and to participate in trade and commerce with other countries and among the States. ...


Section 96 gives the Commonwealth power to make grants to States "on any such terms and as the Parliament thinks fit". This power has been held to be unconstrained by any other provision, such as Section 99 which forbids giving preference to one State or part thereof over another State or part thereof. It is subject only to Section 106, freedom of religion, and possibly other such freedoms. This power, although evidently envisaged as a temporary measure ("during a period of ten years ... and thereafter until the Parliament otherwise provides"), has been used by the Commonwealth to encourage cooperation by the States to various extents over the years. The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ...


Section 101 sets up an Inter-State Commission, a body which is now defunct, but which was originally envisaged to have a significant role in the federal structure. The Inter-State Commission, or Interstate Commission, is a defunct constitutional body under Australian law. ...


The States

Chapter V contains provisions dealing with the States and their role under the federal system. Sections 106-108 preserves the Constitution, powers of the Parliament, and the laws in force of each of the States.


Section 109 provides that, where a State law is inconsistent with a federal law, the federal law prevails (to the extent of the inconsistency). In Australia, legislative power is held concurrently by the Commonwealth and the States. ...


Section 111 provides that a State can surrender any part of the State to the Commonwealth. This has occurred on several occasions, most notably the surrender by South Australia to the Commonwealth of the Northern Territory. Capital Adelaide Government Constitutional monarchy Governor Marjorie Jackson-Nelson Premier Mike Rann (ALP) Federal representation  - House seats 11  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $59,819 (5th)  - Product per capita  $38,838/person (7th) Population (End of September 2006)  - Population  1,558,200 (5th)  - Density  1. ... For similar terms, see Northern Territories (disambiguation) Slogan or Nickname: The Territory, The NT, The Top End Motto(s): none Other Australian states and territories Capital Darwin Government Constitutional monarchy Administrator Ted Egan Chief Minister Clare Martin (ALP) Federal representation  - House seats 2  - Senate seats 2 Gross Territorial Product (2004...


Section 114 forbids any State from raising a military force, and also forbids the State or the Commonwealth from taxing each other's property.


Section 116 establishes what is often called "freedom of religion", by forbidding the Commonwealth from making any law for the establishment of a religion, imposing any religious observance, or prohibiting the exercise of a religion, or religious discrimination for public office.


New States

Chapter VI allows for the establishment or admission of new states. Section 122 allows the Parliament to provide for the representation in Parliament of any territory surrendered by the States, or placed by the Queen in the authority of the Commonwealth. Section 123 requires that changing the boundaries of a State requires the consent of the Parliament of that State and approval by referendum in that State.


No new states have been admitted to the Commonwealth since federation.


Miscellaneous

Chapter VII provides that the seat of government of the Commonwealth (now Canberra) shall be located within New South Wales but no less than one hundred miles from Sydney, and that the Governor-General may appoint deputies. Section 127 previously provided that Aborigines cannot be counted in any Commonwealth or State census. This section was repealed in 1967. For other uses, see Canberra (disambiguation). ... NSW redirects here. ... This article is about the metropolitan area in Australia. ... Aboriginal Flag Australian Aborigines is a name used to collectively describe most of the indigenous peoples of the Australian continent and its nearby islands. ... The referendum of 27 May 1967 approved two amendments to the Australian constitution relating to Indigenous Australians. ... Year 1967 (MCMLXVII) was a common year starting on Sunday (link will display full calendar) of the 1967 Gregorian calendar. ...


Alteration of the Constitution

Chapter VIII specifies the procedures for amending the Constitution. Section 128 provides that constitutional amendments must be approved by a referendum. Successful amendment requires: Chapter VIII of the Australian Constitution is the chapter of the Constitution of Australia which provides the method for altering the Constitution. ... Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...

  • an absolute majority in both houses of the federal parliament; and
  • the approval in a referendum of the proposed amendment by a majority of electors nationwide, and a majority in a majority of states.

The referendum bill must be put to the people by the Governor-General between two and six months after passing parliament. After the constitutional amendment bill has passed both the parliamentary stage and the referendum, it then receives Royal Assent from the Governor-General. When proclaimed, it will be in effect, and the wording of the Constitution will be changed. Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...


An exception to this process is if the amendment bill is rejected by one house of Federal Parliament. If the bill passes the first house and is rejected by the second, then after three months the first house may pass it again. If the bill is still rejected by the second house, then the Governor-General may choose to still put the bill to the people's vote.


Amendments

As mentioned above, successful amendment of the Constitution requires a referendum in which the "Yes" vote achieves a majority nationally, as well as majorities in a majority of states. // Federal Referendums In Australia, referendums are nationwide polls held to approve government-proposed changes to the Australian constitution. ...


Forty-four proposals to amend the Constitution have been voted on at referendums, of which eight have been approved. The following is a list of amendments which have been approved. For a complete list of all referendums and plebiscites held, see Referendums in Australia - Referendums and plebiscites by year. A referendum (plural: referendums or referenda) or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... // Federal Referendums In Australia, referendums are nationwide polls held to approve government-proposed changes to the Australian constitution. ...

  • 1906 - Senate Elections - amended Section 13 to slightly alter the length and dates of Senators' terms of office.
  • 1910 - State Debts - amended Section 105 to extend the power of the Commonwealth to take over pre-existing state debts to debts incurred by a state at any time.
  • 1928 - State Debts - inserted Section 105A to ensure the Constitutional validity of the Financial Agreement reached between the Commonwealth and State governments in 1927.
  • 1946 - Social Services - inserted Section 51 (xxiiiA) to extend the power of the Commonwealth government over a range of social services.
  • 1967 - Aborigines - amended Section 51 (xxvi) to extend the power of the Commonwealth government to legislate for people of any race to Aborigines; repealed Section 127 which stated that "In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted."
  • 1977

The Australian referendum of the 12th December, 1906 approved an amendment to the Australian constitution related to the terms of office of federal senators. ... The Australian referendum of the 12th December, 1906 approved an amendment to the Australian constitution related to the terms of office of federal senators. ... The 1910 Australian Referendum was held on 13 April 1910. ... The referendum of the 13 April 1910 approved an amendment to the Australian constitution. ... The referendum of the 17th November, 1928 approved an amendment to the Commonwealth of Australia and its states. ... The referendum of the 17th November, 1928 approved an amendment to the Commonwealth of Australia and its states. ... Year 1927 (MCMXXVII) was a common year starting on Saturday (link will display full calendar) of the Gregorian calendar. ... The 1946 Australian Referendum was held on 28 September 1946. ... Constitution Alteration (Social Services) 1946 proposed to extend the powers of government over a range of social services. ... The 1967 Australian Referendum was held on 27 May 1967. ... The referendum of 27 May 1967 approved two amendments to the Australian constitution relating to Indigenous Australians. ... Aboriginal Flag Indigenous Australians are the people who lived in the Australia and its nearby islands before the arrival of European settlers in 1788, and who continue to live there as minority peoples. ... The 1977 Australian Referendum was held on 21 May 1977. ... The referendum of the 21st May, 1977 approved an amendment to the Australian constitution concerning the filling of casual vacancies in the Senate. ... The secretary of the Governor-General, David Smith, announcing the dissolution of Parliament on November 11th, 1975. ... Year 1975 (MCMLXXV) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... Year 1975 (MCMLXXV) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... Constitution Alteration (Referendums) 1977 proposed to allow residents in the territories to vote in referendums. ... The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ... The legislation Constitution Alteration (Retirement of Judges) 1977 proposed to create a retirement age of 70 for judges in federal courts. ... In Australian Constitutional Law Chapter Three Courts or Chapter III Courts are courts of law which are a part of the judiciary, and thus are able to discharge judicial power. ...

The role of conventions

Alongside the text of the Constitution, and Letters Patent issued by the Crown, an important aspect of the Constitution is Conventions, which have evolved over the decades and define how various constitutional mechanisms operate in practice. Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government granting an office, a right, monopoly, title, or status to someone or some entity such as... A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ...


Conventions play a powerful role in the operation of the Australian constitution because of its set-up and operation as a Westminster system of responsible government. Some notable conventions include: The Houses of Parliament, also known as the Palace of Westminster, in London. ... Responsible government is a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy. ...

  • While the constitution does not formally create the office of Prime Minister of Australia, such an office developed a de-facto existence as head of the cabinet. The Prime Minister is seen as the head of government.
  • While there are few restrictions on the power of the Governor-General, as representative of the Queen of Australia, by convention the Governor-General acts on the advice of the Prime Minister.

However, because conventions are not textually based, their existence and practice are open to debate. Real or alleged violation of convention has often led to political controversy. The most extreme case was the Australian constitutional crisis of 1975, in which the operation of conventions was seriously tested. The ensuing constitutional crisis was resolved dramatically when the Governor-General Sir John Kerr dismissed the Labor Prime Minister Gough Whitlam. A number of conventions were said to be broken during this episode. These include: Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... The secretary of the Governor-General, David Smith, announcing the dissolution of Parliament on November 11th, 1975. ... Sir John Robert Kerr, AK, GCMG, GCVO (24 September 1914 – 24 March 1991), 13th Chief Justice of the Supreme Court of New South Wales and 18th Governor-General of Australia, dismissed the Labor government of Gough Whitlam on 11 November 1975, marking the climax of one of the most significant... Edward Gough Whitlam, AC, QC (born 11 July 1916), known as Gough Whitlam (, pronounced Goff), is an Australian former politician and 21st Prime Minister of Australia. ...

  • The convention that, when the Senator from a particular State vacates his or her position during the term of office, the State government concerned would nominate a replacement from the same political party as the departing Senator. This convention was allegedly broken by first the Lewis government of New South Wales and then by the Bjelke-Petersen government of Queensland who both filled Labor vacancies with an independent and a Labor member opposed to the Whitlam government respectively.[4] The convention was subsequently codified into the Constitution via a referendum. However it only requires the new Senator to be from the same party as the old one and would only have prevented the appointment by Lewis, not that by Bjelke-Petersen.
  • The convention that, when the Senate is controlled by a party which does not simultaneously control the House of Representatives, the Senate would not vote against money supply to the government. This convention was allegedly broken by the Senate controlled by the Liberal-Country party coalition in 1975.[4]
  • The convention that, if the government cannot secure supply, the Prime Minister would resign or call for an election. This convention was broken by the government of Gough Whitlam following the blocking of supply by the Senate.

NSW redirects here. ... Sir Johannes Joh Bjelke-Petersen, KCMG (13 January 1911 – 23 April 2005), New Zealand-born Australian politician, was the longest-serving and longest-lived Premier of the state of Queensland. ... Slogan or Nickname: Sunshine State, Smart State Motto(s): Audax at Fidelis (Bold but Faithful) Other Australian states and territories Capital Brisbane Government Constitutional monarchy Governor Quentin Bryce Premier Anna Bligh (ALP) Federal representation  - House seats 28  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $158,506 (3rd... Look up supply in Wiktionary, the free dictionary. ... The Coalition in Australian politics refers to the grouping of two political parties that has existed in the form of a coalition agreement since 1922, with only brief breaks (e. ... Year 1975 (MCMLXXV) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... Edward Gough Whitlam, AC, QC (born 11 July 1916), known as Gough Whitlam (, pronounced Goff), is an Australian former politician and 21st Prime Minister of Australia. ...

Interpretation

In line with the common law tradition in Australia, the law on the interpretation and application of the Constitution has developed largely through judgments by the High Court of Australia in various cases. In a number of seminal cases, the High Court has developed several doctrines which underlie the interpretation of the Australian Constitution. Some examples include: Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ...

  • Separation of powers - The three separate chapters dealing with the three branches of government implies a separation of powers. Thus, for example, the legislature cannot purport to predetermine the legal outcome, or to change the direction or outcome, of a court case.
  • Division of powers - Powers of government are divided between the Commonwealth and the State governments, with certain powers being exclusive to the Commonwealth, others being concurrently exercised, and the remainder being exclusively held by the States.
  • Intergovernmental immunities - Although the Engineers' Case held that there was no general immunity between State and Commonwealth governments from each other's laws, the Commonwealth cannot enact taxation laws that discriminated between the States or parts of the States (Section 51(ii)), nor enact laws that discriminated against the States, or such as to prevent a State from continuing to exist and function as a state (Melbourne Corporation v Commonwealth).

The vast majority of Constitutional cases before the High Court deal with characterisation: whether new laws fall within a permissible head of power granted to the Commonwealth government by the Constitution. The doctrine of separation of powers refers to the separation of the legislature, the executive and the judiciary. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... On 1 January 1901 the Australian nation emerged as a federation. ... The Amalgamated Society of Engineers v The Adelaide Steamship Company Limited and Others (1920) 28 CLR 129 [1920] HCA 54 (commonly known as the Engineers Case) was a landmark Australian court case decided in the High Court of Australia on August 31, 1920. ... Melbourne Corporation v Commonwealth (1947) 74 CLR 31; [1947] HCA 26 (13 August 1947), also known as the Melbourne Corporation case An important case in Australian constitutional federalism, which stands for the proposition that there are limits on the scope of express Commonwealth legislative powers which can be implied from... For the mathematical concept, see characterization (mathematics). ...


Criticism

Protection of rights

See also Australian constitutional law - Protection of rights

The Australian constitution does not include a Bill of Rights. The delegates to the 1898 Constitutional Convention favoured a section similar to the Bill of Rights of the United States Constitution, but the majority of delegates felt that the traditional rights and freedoms of British subjects were sufficiently guaranteed by the Parliamentary system and independent judiciary which the Constitution would create. As a result, the Australian Constitution has often been criticised for its scant protection of rights and freedoms. Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ... Year 1898 (MDCCCXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day-slower Julian calendar). ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...


Some express rights were, however, included:

  • Right to trial by jury - Section 80 creates a right to trial by jury for indictable offences against Commonwealth law. Although Isaac Isaacs and other liberal delegates pointed out that the Commonwealth could easily evade this provision by changing the definition of indictable offences, in practice this has not been an issue.
  • Right to just compensation - Paragraph 51(xxxi) creates a right to just compensation for assets taken by the Commonwealth.
  • Right to freedom of religion - Section 116 creates a limited right to freedom of religion, by prohibiting the Commonwealth (but not the states) from "making any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion." This section is based on the First Amendment of the U.S. Constitution, but is weaker in operation. As the states retain all powers they had as colonies before federation, except for those explicitly given to the Commonwealth, this section does not affect the states' powers to legislate on religion, and, in accordance with High Court interpretations, no Federal legislation on religion, short of establishing an official religion of Australia, would be limited by it either.
  • Right to freedom from discrimination against out-of-State residents -Section 117 prohibits disability or discrimination in one state against the resident of another state. This is interpreted widely (Street v Queensland Bar Association), but does not prohibit states from imposing residential requirements where they are required by the State's autonomy and its responsibility to its people.

In 1992 and 1994, the High Court of Australia found that the Constitution contained an "implied right" to freedom of political communication, in a series of cases including the Australian Capital Television case and the Theophanous case. This was seen as a necessary part of the democratic system created by the Constitution. The application of this "implied right" has, however, been restricted in later cases. It is in no way equivalent to a freedom of speech, and only protects individuals against the government trying to limit their political communication: it offers no protection against other individuals. Trial by Jury is a comic Gilbert and Sullivan operetta in one act (the only single-act Savoy Opera). ... Sir Isaac Alfred Isaacs GCB GCMG (6 August 1855–12 February 1948), Australian judge and politician, was the ninth Governor-General of Australia and the first Australian to occupy that post. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Year 1992 (MCMXCII) was a leap year starting on Wednesday (link will display full 1992 Gregorian calendar). ... Year 1994 (MCMXCIV) The year 1994 was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by the United Nations. ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ... Australian Capital Television v Commonwealth was a significant court case decided in the High Court of Australia on September 30, 1992. ...


Further attempts to find other "implied rights" in High Court cases have not been successful . High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ...


Preamble

While a pro forma preamble prefaces the Imperial Commonwealth of Australia Constitution Act 1900, the Australian Constitution itself does not contain a preamble. There have been some calls for the insertion of such a section to express the spirit and aspirations embodied in the constitution. However, there has been fierce opposition, usually on the basis of the content of the preamble, as well as possible legal ramifications of this text. In 1999, a proposed preamble, principally authored by Prime Minister John Howard, was defeated in a referendum held concurrently with the Republic referendum. The "Yes" vote (in favour of the insertion of the preamble) did not achieve a majority in any of the six states. Constitution Alteration (Preamble) 1999 proposed the addition of a preamble to the Australian constitution, recognising Indigenous Australians as the traditional land owners before European settlement. ... An enacting formula, or enacting clause, is a short phrase that introduces the main provisions of a law enacted by some legislatures. ... Look up Preamble in Wiktionary, the free dictionary. ... Look up Preamble in Wiktionary, the free dictionary. ... This article is about the year. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... John Winston Howard (born 26 July 1939) is an Australian politician and the 25th Prime Minister of Australia. ... The 1999 Australian republic referendum was a two question referendum held on 6 November 1999. ...


A republic?

At various times since Federation, debates have raged over whether Australia should become a republic. On 6 November 1999, Australians rejected a proposal to replace the Queen with a President appointed by a two-thirds majority of the members of the Commonwealth Parliament. This was despite opinion poll results suggesting that the majority of Australians are in favour of some form of a republic[5]. Some republicans opined that it was the particular model which was rejected, whereas some monarchists viewed the results of the referendum as proof that Australians ultimately have no interest in a republic. There are no current plans for a second referendum. Republicanism in Australia is the movement to change Australias status as a constitutional monarchy to a republican form of government. ... is the 310th day of the year (311th in leap years) in the Gregorian calendar. ... This article is about the year. ... The 1999 Australian republic referendum was a two question referendum held on 6 November 1999. ...


Notes

  1. ^ The High Court's jurisdiction is under s.30, and the Federal Court's s.39B, of the Judiciary Act 1903 (Cth)
  2. ^ Parkinson (2002)
  3. ^ Blackshield and Williams (2002)
  4. ^ a b Gough Whitlam. The Truth of the Matter. Penguin. 1979 (Reprint: Melbourne University Press. 2005.)
  5. ^ republic.pdf Newspoll: January 2007 republic poll (PDF). Retrieved on 2007-02-17.

The Judiciary Act 1903 (Cth. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 48th day of the year in the Gregorian calendar. ...

References

  • Parkinson, Patrick (2002). Tradition and Change in Australian Law. Sydney: LBC Information Services. ISBN 0-455-21292-9. 
  • Blackshield, Tony (2006). Australian Constitutional Law and Theory. Sydney: Federation Press. ISBN 1-86287-585-5. 

See also

// Main article: Australian federation After European settlement in 1788, Australia was politically organized as a number of separate British colonies, eventually six in all. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... A Process Model is a proposal to assist parliament make decisions concerning constitutional reform. ... // The Constitution of Australia provides for the creation of new states and for a state to subdivide into two or more states. ... The doctrine of separation of powers refers to the separation of the legislature, the executive and the judiciary. ... On 1 January 1901 the Australian nation emerged as a federation. ... Section 51 of the Australian Constitution grants legislative powers to the Australian (Commonwealth) Parliament. ... Section 51(i) of the Australian Constitution enables the Commonwealth government of Australia both to regulate and to participate in trade and commerce with other countries and among the States. ... Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading for financial corporations formed within the limits of the Commonwealth. This power has become known as the... Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to external affairs. In recent years, most attention has focused on the use of the power to pass legislation giving... In Australia, legislative power is held concurrently by the Commonwealth and the States. ... // Federal Referendums In Australia, referendums are nationwide polls held to approve government-proposed changes to the Australian constitution. ...

External links

Wikisource has original text related to this article:
Commonwealth of Australia Constitution Act
  • Official text of Commonwealth of Australia Constitution Act 1900 (c. 12) as amended and in force today within the United Kingdom, from the UK Statute Law Database
  • Full text (htm file). From SCALEplus
  • Full text (PDF file). From SCALEplus.
  • Commonwealth of Australia Constitution Act, 1900. Entry on the origins, development, structure and evolution of the Australian constitution at Documenting a Democracy.
  • Full text (html) file. From official Parliament of Australia website.

  Results from FactBites:
 
Constitution of Australia - Wikipedia, the free encyclopedia (2287 words)
The text of the Constitution was originally a schedule to the Commonwealth of Australia Constitution Act 1900 (Imp) or formally An Act to constitute the Commonwealth of Australia, an act of the Parliament of the United Kingdom.
But a number of references in the Constitution make it clear that the authors assumed that the Queen of the United Kingdom, as head of the British Empire, would stand at the head of Australia's constitutional system, although her powers are delegated by the Constitution to the Governor-General of Australia as her representative.
This view is rejected by the Governor-General, who has stated that Queen Elizabeth II is Australia's head of state, and by the Australian government, which continues to put the Queen's head on all Australian coins, some banknotes and occasional stamps, and otherwise accord her the symbolic status of head of state.
Parliament of Australia - Wikipedia, the free encyclopedia (1915 words)
The Parliament of Australia is the legislative branch of Australia.
The Parliament of Australia is modelled on the Parliament of the United Kingdom and, to a lesser extent, the Congress of the United States.
The constitutional functions of the Crown are delegated to the Governor-General, whom the Queen appoints on the advice of the Prime Minister.
  More results at FactBites »

 
 

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