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 About the Australian ConstitutionWhat is the Australian Constitution?The Australian Constitution is the founding document of our nation and pre-eminent source of law in the country. The Constitution sets down the powers of each of our three branches of governance – the Parliament, the Executive and the Courts. It creates the space in which all other domestic laws operate in this country. Politically, the Constitution was intended to unite Australia under the original and continuing agreement of the Australian people. How do we amend the constitution?The Australian Constitution can only be altered by referendum. In a referendum, all Australians of voting age vote yes or no for the proposed changes. To succeed, a majority of voters nationwide and a majority of States (four out of six) must approve the changes. For more information visit the Australian Electoral Commission website: http://www.aec.gov.au/Elections/referendums/Referendums_Overview.htm Do other countries recognise Indigenous peoples in their constitutions?Yes. Other countries recognise the unique status of their first peoples within their nation’s founding documents. The Canadian Constitution was amended in 1982 and 1983 to recognise 'aboriginal rights'. In Norway, in 1988 the Norwegian Parliament passed an amendment to the Constitution recognising Sami constitutional rights. In addition the Queensland, NSW and Victorian state Constitutions recognise Aboriginal and Torres Strait Islander peoples. ^Top The Australian Constitution is the set of rules by which Australia is run. It came into effect on 1 January 1901. This fact sheet summarises the key features of the Constitution and how it can be changed. The Australian Constitution describes the composition, role and powers of the Australian Parliament. It sets out how the Australian and state parliaments share the power to make laws. It also details the roles of the executive government and the High Court of Australia, and some of the rights of Australian citizens, such as the right to religious freedom. Birth certificate of a nationFor at least 50 000 years, Aboriginal and Torres Strait Islander peoples have lived on these lands and practiced traditional cultures and languages. From the late 1700s, British colonies were established. By the late 1800s, these colonies had their own parliaments but were still subject to the law-making power of the British Parliament. Many colonists began to see the benefits of uniting into a federation. During the 1890s a series of meetings, called conventions, were attended by representatives from each colony. During these conventions, the Constitution was drafted. The Constitution was then put to a vote by the people of the colonies in referendums. The Constitution was approved in the referendums; however, it also had to be agreed to by the British Parliament. The Commonwealth of Australia Constitution Act 1900 was passed in 1900 and came into effect on 1 January 1901. The colonies became Australian states and the new Australian Parliament was formed. FeaturesThe Australian Constitution is divided into 8 chapters and 128 sections. It sets out the basis for Australia's federal system of governance, the key features of which include:
The Constitution does not cover all aspects of the governing of Australia. For example, the Prime Minister and the Cabinet are not mentioned in the Constitution. The Prime Minister and Cabinet operate by custom and tradition, similar to the British system from which they came. The Constitution does not detail many of the rights of the Australian people. Unlike the Constitution of the United States, Australia's does not include a bill of rights. In Australia these rights are protected by common law (made by the courts) and statute law (written law made by Parliament). Changing the Australian ConstitutionThe 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. A referendum is only passed if it is approved by a majority of voters in a majority of states, and by a majority of voters across the nation. This is known as a double majority.
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This image shows the front page of the original public record copy of the Commonwealth of Australia Constitution Act 1900. There is a a red ribbon tied in a bow on the left hand side of the document. The paper looks faded from age. |
What did the australian constitution set out?
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