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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 , that establishes the country as a federation under a constitutional monarchy governed with a parliamentary system .
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 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.
Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra. Following a number of constitutional conventions during the 1890s to develop a federal nation from the several colonies, the Commonwealth of Australia Constitution Act (Imp) was passed and came into force on 1 January 1901. Section 9 of this act contains ...
The Constitution provided that the British monarch be represented in Australia by a Governor-General. Originally, appointments were made on the advice of the British, not the Australian, government, and was generally a British aristocrat. In 1930, the Australian government insisted that Australian-born Isaac Isaacs be appointed. The British ...
In November 1942, the Curtin government convened a constitutional convention for the sole purpose of discussing Attorney-General's H. V. Evatt proposed addition to the constitution of section 60A. This would have made the powers of federal parliament virtually unlimited, declaring "the power of the Parliament shall extend to all measures which ...
The High Court's approach to section 51 has changed over time. Initially, the court adopted the 'Reserved Powers' doctrine, an interpretive view that the Australian States had implicitly retained competence in core areas, which were unable to be displaced by the Commonwealth even through reliance upon the powers enumerated in s51.
Before the beginning of the first Constitutional Convention in Sydney in 1891, Sir Henry Parkes originally proposed the following resolution: . That the trade and intercourse between the Federated Colonies, whether by means of land carriage or coastal navigation, shall be free from the payment of Customs Duties, and from all restrictions whatsoever, except from such regulations as may be ...