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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 .
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 ...
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 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.
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 ...
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 name of the government in the Constitution of Australia is the "Government of the Commonwealth". [15] This was the name used in many early federal government publications. [16] However, in 1965 Robert Menzies indicated his preference for the name "Australian Government" in order to prevent confusion with the new Commonwealth of Nations. [17]
Currently in Australia, there is no constitutional system where there is a complete separation of powers. [2] In the Westminster system, ministers (executive) are required to sit in Parliament (legislative). This is to adhere with the concept of Responsible Government, which is a requirement of section 64 of the Constitution. [3]