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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 ...
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.
Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories. [2] The Australian Constitution sets out a federal system of government.
The Constitutional history of Australia is the history of Australia's foundational legal principles. Australia's legal origins as a nation state began in the colonial era, with the reception of English law and the lack of any regard to existing Indigenous legal structures.
Section 116 of the Constitution of Australia precludes the Commonwealth of Australia (i.e., the federal parliament) from making laws for establishing any religion, imposing any religious observance, or prohibiting the free exercise of any religion. Section 116 also provides that no religious test shall be required as a qualification for any ...
In recent decades the rule has grown in importance to Australian legal practice. It has been said that the doctrine as it is understood and articulated in its modern form 'has transformed a loose collection of rebuttable interpretive presumptions into a quasi-constitutional common law bill of rights'. [2]
Section 24: Constitution of House of Representatives in Australia; Section 25: Provision as to races disqualified from voting; Section 26: Representatives in first Parliament; Section 27: Alteration of number of members; Section 28: Duration of House of Representatives; Section 29: Electoral divisions; Section 30: Qualification of electors
Australian Capital Television v Commonwealth, [1] is a decision of the High Court of Australia. The case is notable in Australian Constitutional Law as one of the first cases within Australia's implied freedom of political communication jurisprudence.