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During the two World Wars, the power was held to apply very broadly, even to domestic issues. In October 1914 the Australian Parliament enacted the War Precautions Act 1914, [5] which gave the Governor-General a broad power to "make regulations for securing the public safety and the defence of the Commonwealth". [6]
On 22 September 1951, a referendum was held in Australia which sought approval to alter the Australian Constitution to give Parliament the power to make laws regarding communism and communists, so that the Parliament would be empowered to instate a law similar to the Communist Party Dissolution Act of 1950. [1] It was not carried. [2]
The Statute took effect in Australia in 1942 with the passing of the Statute of Westminster Adoption Act 1942, with retroactive effect to 3 September 1939, the start of World War II. The adoption of the Statute repealed the application of the Colonial Laws Validity Act 1865 in relation to federal legislation.
Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by ...
Federalism was adopted, as a constitutional principle, in Australia on 1 January 1901. Relatively few changes have been made to the formal constitution since Australian federation occurred; in practice, however, the Commonwealth government has increasingly assumed a position of pre-eminence in many areas of governance through the acquisition and negotiation of additional powers and ...
As s51(ii) of the Constitution only allows the Commonwealth to impose federal taxation for federal purposes, it could not cover the field of taxation with any law. Nevertheless, the Commonwealth introduced a uniform income tax through an intricate scheme of four pieces of legislation.
The reserved powers doctrine was a principle used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia, that emphasised the context of the Constitution, drawing on principles of federalism, what the Court saw as the compact between the newly formed Commonwealth and the former colonies, particularly the compromises that informed the text of the ...
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution , which establishes the country as a federation under a constitutional monarchy governed with a parliamentary system .