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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 .
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia , the highest court in the Australian judicial system.
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 .
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.
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 ...
The Australian Constitution, besides other matters, dealt with the allocation of powers between the colonies, which became states, and the federal parliament. Most of the powers, including those of foreign affairs and defence, were concurrent powers, with the proviso that if there was a conflict between the federal and a state law, then the ...
In South Australia, the 1856 Constitution stipulated that there must be two rural constituencies for every urban constituency. By the early 1960s, the urban-rural voter ratio was almost exactly reversed: more than two-thirds of the state's population lived in Adelaide and its suburbs, but the rural areas elected two-thirds of the legislature.
Section 44 of the Constitution states: 44.Any person who – (i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or