Leslie Massey
The Australian Constitution is the legal framework for how Australia is governed. It is the fundamental law of Australia, binding everybody in the country, including the Commonwealth Parliament and the Parliament of each State. The Constitution is often described as virtually invisible within Australian culture and mainstream political discourse. It is divided into 8 chapters and 128 sections, with each chapter covering a different aspect of governance, such as the Parliament, the Executive Government, and the Judicature. The Constitution can only be changed with the approval of the Australian people through a referendum.
| Characteristics | Values |
|---|---|
| Date of enactment | 1900 |
| Date of coming into effect | 1 January 1901 |
| Number of chapters | 8 |
| Number of sections | 128 |
| Powers of the executive government | Vested in the monarch and exercisable by the governor-general |
| Rights mentioned | Religious freedom, right to compensation if the government acquires your property, guaranteed trial by jury for federal offences |
| System of government | Federal |
| Number of states | 6 |
| Power-sharing arrangements | Between the Australian and state parliaments |
| Highest court | High Court of Australia |
| Amendment process | Referendum |
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What You'll Learn
The Australian Constitution's history
The Australian Constitution is the legal framework for how Australia is governed. It is the fundamental law of Australia, binding everybody in the country, including the Commonwealth Parliament and the Parliament of each State.
The Constitution was drafted in the 1890s at a series of conventions attended by representatives of the colonies. The federalist cause gained momentum at the conferences held in Melbourne in 1890 and Sydney in 1891, which were attended by most colonial leaders. A draft constitution was drawn up at the 1891 conference under the guidance of Sir Samuel Griffith, but these meetings lacked popular support and sidestepped critical issues like tariff policy.
During the 1890s, colonial representatives came together at special meetings called 'constitutional conventions' to draft a constitution that would unite the colonies as one nation and provide for a new level of national government. Each Australian colony sent delegates to these conventions. By 1898, the delegates had agreed on a draft constitution, which they took back to their respective colonial parliaments for approval.
The Constitution was then put to a vote by the people of the colonies, who approved it. However, it also had to be agreed upon by the British Parliament. The Commonwealth of Australia Constitution Act 1900 was passed in Britain in 1900 and came into effect on 1 January 1901. The colonies became Australian states, and the new Australian Parliament was formed.
The Australian Constitution is divided into eight chapters and 128 sections. It establishes the composition of the Australian Parliament, describes how Parliament works, and outlines its powers. It also sets out how the federal and state parliaments share power and the roles of the executive government and the High Court of Australia.
The Constitution does not include a bill of rights, but it does mention some human rights, including the right to compensation if the government acquires your property, guaranteed trial by jury for federal offences, and freedom of religion.
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How it can be changed
The Australian Constitution is the legal framework for how Australia is governed. It is the fundamental law of Australia, binding everyone, including the Commonwealth Parliament and the Parliament of each State. It establishes the composition of the Australian Parliament, describes how Parliament works, and outlines its powers. It also outlines how the federal and state Parliaments share power, and the roles of the executive government and the High Court of Australia.
The Australian Constitution is contained within the Commonwealth of Australia Constitution Act 1900, passed in Britain in 1900 and coming into effect on 1 January 1901. It is divided into 8 chapters and 128 sections.
The Australian Constitution can only be changed with the approval of the Australian people. A proposed change must be approved by the Parliament and then be voted on by Australians in a referendum.
The Constitution was drafted at a series of conventions held during the 1890s and attended by representatives of the colonies. It was then put to a vote by the people of the colonies who approved it. The colonies became Australian states, and the new Australian Parliament was formed.
Following the 2017–18 Australian parliamentary eligibility crisis, there was discussion about whether to retain or replace the current constitution. Former Prime Minister Bob Hawke advocated replacing the Constitution with a system that does not include states.
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The rights and freedoms it grants
The Australian Constitution is a set of rules by which Australia and its system of government are run. It is divided into 8 chapters and 128 sections, outlining key features such as the Australian Parliament, a bicameral Parliament, 6 state governments, power-sharing arrangements, and the High Court of Australia. Notably, the Constitution does not include a bill of rights, and it has been described as "virtually invisible" within Australian culture and political discourse.
The rights and freedoms granted by the Australian Constitution are limited and not explicitly stated, but they include:
- The right to a trial by jury for federal offences (Section 80) and "just terms" for the compulsory "acquisition" of property by the Commonwealth (Section 51(xxxi)).
- Freedom of religion and prohibition of religious tests for federal offices (Section 116).
- An ambiguously worded prohibition on discrimination against residents of other states (Section 117).
- The right to vote in Commonwealth elections if one can vote in State ones (Section 41).
- Freedom of political communication, which includes the freedom to discuss political and economic matters.
The Constitution also guarantees freedom of movement across state boundaries and free trade between the states. While it does not include a comprehensive bill of rights, the Australian Constitution does provide some civil and political rights protections. These rights are often implied through interpretations of the Constitution by the High Court, which has found implied rights such as freedom of political communication and certain voting rights.
The Australian Parliament plays a crucial role in upholding human rights obligations. When the government commits to an international human rights treaty, it must incorporate the treaty into Australian law through a bill passed by Parliament. Additionally, the Parliament has passed laws that prohibit discrimination against vulnerable groups and protect human rights.
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The structure of the government it establishes
The Australian Constitution establishes a framework for the government of Australia, outlining the structure, role, and powers of the Australian Parliament. It is the fundamental law that binds all Australians, including the Commonwealth Parliament and the Parliament of each state.
The Constitution establishes a bicameral Parliament, consisting of two houses: the Senate and the House of Representatives. The people of each of the six states elect 12 senators, regardless of their state's population, resulting in a total of 76 senators. The House of Representatives, on the other hand, has a variable number of seats for each state, depending on its population, with a guarantee of at least five seats per state. The monarch, currently the King, is represented by the Governor-General, who is empowered to appoint and dismiss ministers and serves as the Commander-in-Chief of the Australian armed forces.
The Constitution also outlines the power-sharing arrangements between the Australian Parliament and the six state governments, each with its own Parliament. It establishes the roles of the executive government, with executive power vested in the monarch and exercised by the governor-general, and the High Court of Australia, which is the final court of appeal. The High Court interprets the Constitution, settles disputes between the Australian and state governments, and determines the constitutionality of national and state laws.
The Australian Constitution does not include a bill of rights, but it does mention certain human rights, such as the right to compensation if the government acquires property, the right to a jury trial for federal offences, and freedom of religion. It also addresses trade and commerce, requiring uniform customs duties across the nation and prohibiting state governments from imposing them.
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How it compares to other constitutions
The Australian Constitution is often described as ""virtually invisible" within Australian culture and mainstream political discourse. In contrast, the US Constitution is central to the country's civil religion. The Australian Constitution barely pierces the national consciousness, with one survey in 2015 finding that over a third of Australians had not heard of it. Unlike the US Constitution, which uses the words ""We the People" to describe itself as an expression of the national will, the Australian Constitution is contained within an act passed by the United Kingdom. Its authority is described as deriving from the consent of the Queen and the UK Parliament.
The Australian Constitution also differs from the US Constitution in that it does not include a bill of rights. Instead, rights are protected by common law (based on custom or court decisions) and statute law (written law made by Parliament). The Australian Constitution also does not include an explicit statement of values, aspirations, or rights, nor does it describe an "objective order of values", as found in the German Basic Law.
The Australian Constitution is a written constitution, establishing the country as a federation under a constitutional monarchy governed by a parliamentary system. It consists of eight chapters and 128 sections, outlining key features of Australia's system of government, including an Australian Parliament and government responsible for national decision-making and law-making, a bicameral Parliament with two houses, six state governments, power-sharing arrangements between the Australian and state parliaments, and the High Court of Australia as the final court of appeal.
The Australian Constitution is similar to other constitutions in recognising the rights of citizens, such as the right to religious freedom. However, it has been criticised for not adequately recognising Indigenous Australians. Since 1910, there have been calls for constitutional reform to recognise Indigenous Australians, and in 1967, the Constitution was amended to provide the Commonwealth with the power to legislate for all Indigenous Australians.
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Frequently asked questions
The Australian Constitution is the legal framework for how Australia is governed. It is the set of rules by which Australia is run.
The Australian Constitution is contained within an act passed by the United Kingdom. It is divided into 8 chapters and 128 sections.
The Australian Constitution establishes the composition of the Australian Parliament, describes how Parliament works and what powers it has. It also outlines how the federal and state Parliaments share power, and the roles of the executive government and the High Court of Australia.
Unlike the US Constitution, the Australian Constitution does not include a bill of rights. However, some human rights are mentioned, including the right to compensation if the government acquires your property, guaranteed trial by jury for federal offences, and freedom of religion.
The Australian Constitution can be changed, but it requires a referendum. A proposed change must be approved by Parliament and then voted on by Australians in a referendum.
