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The preamble names all states except Western Australia, mentions God and recognises that the Australian people have agreed to unite under the Constitution. It ends with the standard enacting clause of the United Kingdom , acknowledging the Queen and the UK houses of Parliament as the legal authority of the act.
The first two gatherings debated Federation and what form of Constitution to adopt, while the following conventions debated amendments to the document. The draft Constitution that was the final product of the first two conventions was approved at referendum in 1899 and 1900 by a 72% "Yes" vote on a 58% turnout. [ 1 ]
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.
The Constitution of Australia established the principle of federalism in Australia. Federalism was adopted, as a constitutional principle, in Australia on 1 January 1901 – the date upon which the six self-governing Australian Colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia federated, formally constituting the Commonwealth of Australia.
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 reception of English law in Western Australia and South Australia was later deemed by statute to have occurred on 1 June 1829 [12] and 28 December 1836 [13] respectively. The earliest civil and criminal courts established from the beginnings of the colony of New South Wales were rudimentary, adaptive and military in character.
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 .
A series of referendums on the proposed constitution of Australia were held between 2 June 1898 and 31 July 1900 in the six colonies that were to become the states of the Commonwealth of Australia. [1] The first four referendums were held in New South Wales, South Australia, Tasmania and Victoria in June 1898. [1]