Ruqayyah Snyder
Australia is a representative democracy, constitutional monarchy, and federation. The Australian Constitution of 1901 established a federal system of government, based on the British (Westminster) tradition of government. The British and US systems of government have had a substantial influence on the Australian system, with the Australian Parliament adopting a 'Wash-minster' model, combining the US 'Washington' model and the British Westminster model.
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What You'll Learn
Influence of the British and US systems
The Australian system of government is a representative democracy, constitutional monarchy, and federation. The Australian Constitution of 1901 established a federal system of government, based on the British (Westminster) tradition. The British and US systems of government have had a substantial influence on the Australian system.
Before 1901, Australia comprised six partly self-governing colonies modelled on the British parliamentary system. When the Australian federation model was developed in the 1890s, the British parliamentary model was highly influential. This influence is evident in the appearance and function of the Australian Parliament. The idea of responsible government, where the government is elected by the people and accountable to Parliament, is a notable British contribution to the Australian system. Australia's version of the separation of powers, or the division of power between the Parliament, the executive, and the judiciary, is also based on the British model.
The US system's influence can be observed in the overall model of the Australian federation, particularly in the way independently governed states work together under a central federal government structure. The representative structure of the Australian Senate is also heavily influenced by the US model. The Australian Senate's structure, with the seats arranged in a horseshoe shape around a central table, resembles the US Senate.
The Australian Prime Minister leads a Cabinet of ministers responsible for decisions made by their department. The Prime Minister is the head of the federal government and is appointed by the governor-general, who acts on behalf of the King in Australia. The governor-general is not involved in the day-to-day operations of the government.
In summary, the Australian system of government combines elements from both the British and US systems, resulting in a unique "Wash-minster" model.
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The Westminster system
Australia's political system is based on the Westminster system, a system of parliamentary democracy used in countries such as Great Britain, Canada, Australia, and New Zealand. The Westminster system varies from country to country, depending on local conditions and history.
In Australia, the government is chosen by the democratically elected lower house, which is the House of Representatives. The government requires the continuing support of a majority of members of that chamber to stay in office. The head of government is the Prime Minister, who leads a Cabinet responsible to the lower house. A loyal Opposition exists, led by the leader of the party or parties with the second-largest number of seats in the lower house.
Australia's system of government is also a constitutional monarchy, with the King as the head of state. However, the King does not have absolute power and must follow the Australian Constitution. The King's powers are given to the Governor-General. This is another feature of the Westminster system, where the constitutional monarch is "above politics" and acts on the advice of the prime minister.
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Federal structure
Australia is a federation of six states and two self-governing territories. The national government, also referred to as the federal government or Commonwealth government, derives its powers from the constitution. The constitution establishes a division of powers between the federal government and the states, with some powers being shared and others being exclusive to each. The federal government is responsible for foreign affairs, social security, industrial relations, trade, immigration, currency, and defence.
The Senate, a key component of the federal structure, consists of 76 members. Each state is represented by 12 senators, while the Australian Capital Territory and Northern Territory have two senators each. Senators from the states serve six-year terms, while territorial senators serve three-year terms. Government ministers are appointed from both the House and the Senate.
The states and territories enjoy a significant degree of autonomy, with their own decision-making bodies and leaders. Each state, except for Queensland, has a two-house parliament, with representatives known as Members of the Legislative Assembly (MLA), Members of the House of Assembly (MHA), or Members of the Legislative Council (MLC). The leader of a state government is called the Premier. In contrast, the Northern Territory and the Australian Capital Territory have a single-house parliament called the Legislative Assembly, led by the Chief Minister.
The responsibilities of the state and territory governments include justice, consumer affairs, health, education, forestry, public transport, and main roads. They also have comprehensive legal responsibilities, with each state having a series of courts culminating in a supreme court. The High Court of Australia, the federal supreme court, is the highest judicial authority, interpreting the federal constitution and overseeing all other federal and state courts.
The federal structure of Australia's government system allows for the representation and autonomy of the states and territories while also providing for a central governing body to handle national affairs. This structure has been influenced by both the British and US systems of government, with Australia adopting a unique blend of these models to suit its own context.
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Separation of powers
The Australian Constitution of 1901 established a federal system of government, based on the British (Westminster) tradition of government. The Australian government is divided into three branches: the legislative, executive, and judicial. This is similar to Australia's version of the separation of powers, which divides power between the Parliament, the executive, and the judiciary.
The legislative branch, or legislature, makes the laws. The executive branch puts the laws into operation. The judicial branch, or judiciary, interprets the laws. All three branches work independently of each other. The judiciary is independent of the other two branches of government, which is an important safeguard of a democracy. The rule of law, where everyone is equal under the law, underpins the independence of the judiciary.
However, due to the conventions of the Westminster system, a strict separation of powers is not always evident in the Australian political system. In the Westminster system, ministers (executive) are required to sit in Parliament (legislative). This is to adhere to the concept of Responsible Government, which is a requirement of Section 64 of the Constitution. As such, there is little separation between the executive and the legislature.
The Australian High Court has also held that it is impossible, consistent with the British tradition, to insist upon a strict separation between legislative and executive powers. However, the High Court has been less willing to compromise when it comes to the strict separation of "judicial power". For example, in Kable v Director of Public Prosecutions (NSW), a NSW statute was invalidated as it purported to confer non-judicial functions to the court.
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Indigenous peoples' influence
Indigenous Australians have influenced the Australian government system in several ways. Despite evidence that Aboriginal societies continue to practice their legal traditions, only a limited acknowledgement of Indigenous customary legal practices exists in Australian law. However, in 1986, the Australian Law Reform Commission (ALRC) studied the applicability of Aboriginal customary law to Aboriginal people, either wholly or partially, or to those living in tribal communities. The study resulted in the 1986 report, "The Recognition of Aboriginal Customary Laws", which outlined that Aboriginal customary laws have never been recognised by general Australian law, except in very limited cases.
Indigenous Australians have also influenced the Australian government system through their representation in parliament. Indigenous Australians began to serve in parliaments from the late 1960s. In 1973, the Woodward commission was formed, and in 1975, the federal government drafted the Aboriginal Land Rights Bill, which was enacted the following year as the Aboriginal Land Rights (Northern Territory) Act 1976. This Act recognised Aboriginal Australians' system of land rights in the Northern Territory and established the basis for Aboriginal land claims in the region.
In 1985, the Australian government returned ownership of Uluru (Ayers Rock) to the Pitjantjatjara Aboriginal people. In 1992, the High Court of Australia reversed a previous ruling in the Mabo Case, declaring the legal concept of terra nullius invalid and confirming the existence of native title in Australia.
In 2008, the Australian Parliament passed a motion of Apology to Indigenous Australians for past mistreatment and injustices, particularly the Stolen Generations, where Indigenous children were forcibly removed from their families. The Australian government has also implemented initiatives to address the issues faced by Indigenous peoples, such as the Closing the Gap strategy, which aims to improve their lives in multiple areas, including land and water rights, social inclusion, and cultural promotion.
Additionally, the Australian government has taken steps to support Indigenous languages and culture. In 2009, the National Indigenous Languages Policy was established to create awareness, aid endangered languages, strengthen pride in identity and culture, and support Indigenous language programs in schools.
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Frequently asked questions
Australia is a representative democracy, constitutional monarchy, and a federation. The Australian Constitution of 1901 established a federal system of government, based on the British (Westminster) tradition of government.
The key components of Australia's system of government are an Australian Constitution that distributes the power to make and manage laws between the Parliament, the Executive, and the Judiciary, and a separation of powers between these three groups.
The British system of government has had a substantial influence on the Australian system. The British parliamentary model was very influential when developing the Australian federation model in the 1890s. The idea of responsible government and the separation of powers are significant British contributions to the Australian system.
The US system's influence can be seen in the overall model of the Australian federation, particularly in independently governed states working together under a central federal government structure. The representative structure of the Australian Senate also draws heavily on the US model.
