CONSTITUTION OF AUSTRALIA – FEATURES

This article has discussed about an overview of the Australian Constitution including its features.

 

1. CONSTITUTION OF AUSTRALIA

 

Following an agreement between the six primers of the Australian colonies, a new Convention was created in 1895. The Convention met from 1897 to 1898 over the course of a full year. Based on the ideas in the 1891 draft, a new constitution was drafted. To win widespread support, it was presented to elected officials from every colony. This also had the advantage of clearing up any misunderstandings about the new constitution.

 

Before the Bill was approved, the imperial government made one last change in response to lobbying from the Chief Justices of the colonies, ensuring that parliament could not restrict the right of appeal from the High Court to the Privy Council on constitutional issues pertaining to the limits of the commonwealth's or States' powers. Finally, in 1900, the British Parliament approved the Commonwealth of Australia Constitution Act. Western Australia finally agreed to join the Commonwealth in order to be an original member of the Commonwealth of Australia. Commonwealth of Australia was officially established on 1 January 1901.

 

2. BACKGROUND OF THE CONSTITUTION OF AUSTRALIA

 

In the years after Captain James Cook claimed the continent for Britain in 1770, British settlers began to come to Australia. Although the British crown governed the newly formed colonies, they were largely independent of each other and had their own parliaments and judiciary.

 

The growing calls for cooperation on mutual interests, particularly those involving intercolonial trade and affairs, grew in the middle of the 19th century.  Thus, a proposal was made to unite the separate British colonies of Australia under a single federation. However, most of the calls came from the British Isles, and support from colonial residents was merger at best. Additionally, smaller colonies were concerned about the larger ones gaining economic dominance. The American Civil War's outbreak in the 1860s, which was perceived as a failure of federalism, made it harder for the Australian colonies to support federalism.

 

In the 1890s, a number of conferences were held to discuss various aspects of federalism. Henry Parkes, the premier of New South Wales, was responsible for them. Also present were colonial leaders. Through these conferences, the federalist cause had made significant progress, and the conversation had shifted to the ideal form of government for a federal state. Under Samuel Griffith's supervision, a draft constitution was drafted. However, there wasn't much support from the wider populace for these conferences. A further source of unhappiness was the drat's omission of measures addressing important issues like tariff policy.

 

3. FEATURES OF AUSTRALIAN CONSTITUTION:

I. NATURE OF THE CONSTITUTION

 

Australia has a written constitution, like US. The Australian Constitution outlines the duties of the federal government, which include trade, immigration, defense, and international relations.

 

All matters not delegated to the Commonwealth are the responsibility of the governments of the States and the territories, who also uphold the principles of responsible government. A Governor for each State represents the Queen in each States.

 

In cases involving the Commonwealth and the states, the High Court of Australia arbitrates. The federal government's constitutional power and responsibilities have been expanded by the decision of Court.

 

II. FORM OF GOVERNMENT:

 

The Commonwealth of Australia, one of the oldest continuously operating democracies in the world, was established in 1901 after the six states that had previously been British colonies decided to federate. Australia's first federal government adopted the democratic practices and principles that shaped the pre-federation colonial Parliaments (such as "one man, one vote" and women's suffrage).

 

The Australian Constitution outlines the legislative, executive, and judicial branches of government in three distinct chapters, but it stipulates that members of the legislature must also serve in the executive branch. In practice, Parliament gives the executive branch wide regulatory power.

 

The House of Representatives and the Senate are the two chambers of the democratically elected Parliament. Executive government is carried out by ministers chosen from these Chambers, and cabinet meetings are where policy decisions are made.

 

Cabinet discussions are kept private, apart from the announcement of decisions. Ministers are bound by the principle of Cabinet solidarity, which closely resembles the British system of cabinet government answerable to Parliament.

 

Queen Elizabeth II of Great Britain also formally Queen of Australia, despite the fact that Australia is an independent country. On the advice of the elected Australian Government, the Queen appoints a Governor-General to serve as her representative. The Governor-General has wider power but function on the ministers' advice.

 

III. PARLIAMENT

 

The party that can control a majority in the House of Representatives forms the government. In the Senate, which acts as a chamber of review for the actions of the government, minority parties frequently control the balance of power. Senators are elected eligible to run six-year terms, and only half of senator’s face in general election.

 

In the Australian Parliament, questions to ministers may be raised at any time, and there is a strict rotation between questions from the Government and the Opposition during Question Time. The Opposition pursues the government with its questions. Members of the government give ministers the opportunity to defend the government's actions and policies or attack the opposition.

 

Anything said in the Parliament would not be amount to legal suit on the ground of defamation. Parliamentary Question Time and debates are broadcast and widely reported. This contributed to maintain Australia's reputation for robust public debate and acts as informal check on the executive power.

 

IV. PROCEDURE OF AMENDMENT

 

Only the electorate can amend the Australian Constitution, and only through a national referendum in which every adult on the electoral roll must vote. Prior to the amendment taking effect, a bill containing it must be approved by both houses of Parliament or, in specific cases need to pass by only one house of the Parliament.

 

Any constitutional amendment requires the approval of two-thirds of the electors nationwide and in a majority of the states (at least four of the six). A majority of voters in any state or states that are particularly impacted by the referendum's topic must also approve the change. This rule, also known as the "triple majority."

 

Changes to the Constitution are difficult because of the double majority clause. Only eight of the 44 constitutional amendment proposals that have been made since federation in 1901 have been accepted. In general, voters are reluctant to support measures that they believe will give the federal government more power. Referendums are also enabled in states and territories.

 

V. NATURE OF ELECTIONS

 

Within three years of the first meeting of a new federal Parliament, a general election must be held. Parliaments typically last for two and a half years. In practice, general elections only take place when the Governor-General grants the Prime Minister's request, who also chooses the election's date. Since federation in 1901, the ruling party has changed almost every five years on average. From 1949 to 1972, a coalition led by the Liberal Party held power for a longest period of 23 years. Prior to 2nd World War several governments lasted less than a year, but since 1945 there have only been seven administration changes.

 

VI. VOTING

 

Voting in elections for both the federal and state governments is required for all citizens to complete the age of 18 years, and contravention is amount to fine or prosecution.

 

VII. RELATIONS BETWEEN LEVELS OF GOVERNMENT

 

State Parliament are governed by both their state constitutions and the federal Constitution. Any state law that is in conflict with a federal law is invalidated.

 

The two levels of government cooperate in many areas where states and territories are formally responsible in the following matters education, transport, health and law enforcement.

 

Australian politics are characterized by ongoing debates between the levels of government about access to revenue and the duplication of expenditure functions due to the federal nature of the income tax. Local government organizations are established by state and territory law.

 

The Council of Australian Governments (COAG) is a forum for the three levels of government—federal, state or territory, and local to work together to develop and implement national policy reforms.

 

The Prime Minister, State Premiers, Chief Ministers of the Territories, and the President of the Australian Local Government Association constitute the Council of Australian Governments (COAG).

 

Tts aims are to resolve pressing issues by working together on structural reforms of the government and reforms to create a unified, effective national market.

 

In addition, Ministerial Councils meet regularly to develop and implement inter-governmental action in specific policy areas.