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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.
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 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 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent state laws, to the extent of the inconsistency.
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]
State constitutions in Australia are the legal documents that establish and define the structure, powers, and functions of the six state governments in Australia.. Each state constitution preceded the federal Constitution of Australia as the constitutions of the then six self-governing colonies.
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 ...