The Constitution
- A constitution is a document that outlines the rules for the governing body for a nation, large organisation or club.
- Each of the states have their own constitution and the Australian Constitution sets out the rules for the Commonwealth of Australia.
- Prior to Federation and the Australian Constitution, the six colonies acted independently and reported to the British government (rather than an overarching government in Australia).
- The constitution document was strongly influenced by the arguments for and against federation (amalgamation of the states under one nation).
- created by the Commonwealth of Australia Constitution Act 1900 (UK) (It is section 9 of this Act).The Act was passed by the British Parliament at the time of Federation.
- determines the powers of the Commonwealth Government and those that remain with the states (known as the division of powers).
The Commonwealth of Australia Constitution Act outlined that the new nation would:
- be a bicameral parliament (the Senate “checks” on the power of the House of Representatives)
- establish a High Court of Australia to oversee other courts
- allow the Constitution to be amended by referendum
The following would also apply to the new nation:
- division of powers
- separation of powers
Revise: Do you know the meanings of the following words?
- federation
- governance
- colonies
- referendum
- legislative powers
Division of powers
The Constitution divides up the powers of the federal government and the states.
Sections 51-60 outline the powers of the Commonwealth. These include trade with other countries, national defence, foreign affairs, customs, etc. Also under the power of the Commonwealth are the seat of government, places acquired by the Commonwealth and issues related to federal departments among other things.
Exclusive powers - the areas where only the Federal Government has powers.
Concurrent powers - areas where both the state and federal governments have power. (Note: If there is a conflict between a state law and Commonwealth law the Commonwealth law over rules the state law.)
Residual powers - areas not determined by the Commonwealth that the states have power over, e.g. crime, hospitals, etc.
Sections 51-60 outline the powers of the Commonwealth. These include trade with other countries, national defence, foreign affairs, customs, etc. Also under the power of the Commonwealth are the seat of government, places acquired by the Commonwealth and issues related to federal departments among other things.
Exclusive powers - the areas where only the Federal Government has powers.
Concurrent powers - areas where both the state and federal governments have power. (Note: If there is a conflict between a state law and Commonwealth law the Commonwealth law over rules the state law.)
Residual powers - areas not determined by the Commonwealth that the states have power over, e.g. crime, hospitals, etc.
Separation of powers
The traditional view of separation of powers outlined that the three key organs of government should be separate. These are:
The concept of Separation of Powers is not used in its purest form as some members of the executive are also members of the legislature.
In Australia there is a clear distinction between the judiciary, and the executive/legislature.
This separation is to protect civil liberties and ensure no one group has complete power.
- The legislature: law-makers (parliament)
- The executive: ministers and govt departments who administer laws (including the G-G, PM and Cabinet)
- The judiciary: the courts that interpret and apply the law.
The concept of Separation of Powers is not used in its purest form as some members of the executive are also members of the legislature.
In Australia there is a clear distinction between the judiciary, and the executive/legislature.
This separation is to protect civil liberties and ensure no one group has complete power.
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