Australian Constitution

Australian Constitution. It is the supreme law that establishes the framework for the Commonwealth of Australia, forming a federation under a constitutional monarchy. The document came into force on 1 January 1901, uniting the six former British colonies and delineating the powers of the new federal government in relation to the States and territories of Australia. It creates the principal institutions of government: the Parliament of Australia, the Executive Council (Australia), and the Judiciary of Australia, with the High Court of Australia as the ultimate arbiter.

History and background

The movement for federation gained momentum in the late 19th century, driven by issues like defence, immigration, and trade between the colonies. Key preliminary drafts were developed at conferences in Sydney and the 1891 National Australasian Convention. The final drafting was accomplished by elected delegates at the 1897–98 Constitutional Conventions, most notably held in Adelaide, Sydney, and Melbourne. Influential figures in this process included Sir Henry Parkes, known as the "Father of Federation," Sir Edmund Barton, and Alfred Deakin. The approved draft was then passed as an Act of the Parliament of the United Kingdom, the Commonwealth of Australia Constitution Act 1900, which received Royal Assent from Queen Victoria in July 1900.

Structure and key provisions

The document consists of a preamble and eight chapters, followed by a schedule. Chapter I establishes the bicameral Parliament of Australia, comprising the King of Australia, the Australian Senate, and the Australian House of Representatives, and outlines legislative powers. Chapter II vests executive power in the Governor-General of Australia, advised by the Federal Executive Council (Australia). Chapter III establishes the Judiciary of Australia, creating the High Court of Australia and empowering the parliament to create other federal courts. Critical sections include Section 51 of the Australian Constitution, which enumerates the legislative powers of the parliament, such as taxation, defence, and foreign affairs, while Section 109 of the Australian Constitution resolves inconsistencies between state and federal laws. Section 128 of the Australian Constitution prescribes the method for alteration.

Amendment process

Changing the text requires a rigorous procedure outlined in Section 128 of the Australian Constitution. A proposed amendment must first be passed by an absolute majority in both houses of the Parliament of Australia, or by one house twice. It is then submitted to the electors in a referendums in Australia held not sooner than two nor later than six months after passage. For success, the amendment must achieve a double majority: a national majority of all voters and a majority of voters in a majority of the States and territories of Australia (at least four of the six states). This process has proven difficult, with only 8 of 44 proposals succeeding since 1901, including the 1967 amendment regarding Aboriginal Australians and the 1977 amendment introducing retirement of judges.

Interpretation and judicial review

The ultimate authority for interpreting its meaning rests with the High Court of Australia, established under Chapter III. Landmark cases have shaped the nation's federal balance and legal rights. In the Engineers' Case (1920), the court adopted a literalist approach, expanding federal power. The 1948 case of Australian Communist Party v Commonwealth affirmed implied limits on legislative power. Other pivotal decisions include the 1992 Mabo v Queensland (No 2) on native title and the 1997 Wik Peoples v Queensland case. The court also recognises implied rights, such as the freedom of political communication, derived from the system of representative government.

Role in Australian government

It serves as the foundational legal and political instrument, dividing sovereignty between the Commonwealth of Australia and the States and territories of Australia. It prescribes the interactions between the Government of Australia and entities like the Australian Public Service and the Australian Defence Force. The document operates alongside other foundational statutes like the Australia Act 1986 and conventions such as those governing the Reserve Powers of the Governor-General of Australia, famously tested during the 1975 Australian constitutional crisis. It underpins the operation of all major institutions, from the Australian Electoral Commission to the Australian Security Intelligence Organisation.

Category:Australian Constitution Category:Government of Australia