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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.
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.
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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.
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 .
The next constitutional convention – the Australasian Federal Convention – was held in stages in 1897–98. Unlike the first convention, the delegates from New South Wales, Victoria, South Australia and Tasmania were elected by popular vote. [6] The delegates of Western Australia were chosen by its parliament.
The constitutional basis of taxation in Australia is predominantly found in sections 51(ii), [1] 90, [2] 53, [3] 55, [4] and 96, [5] of the Constitution of Australia. Their interpretation by the High Court of Australia has been integral to the functioning and evolution of federalism in Australia .
After Federation, the "Australian governments and the people had no use for the Aborigines." [ 7 ] Consideration of the indigenous population was limited to the "problem" of the potential for their number to influence the composition of the House of Representatives, and that was "solved" with section 127. [ 6 ]