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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.
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 ]
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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.
In its design, Australia's federal system was modelled closely on the American federal system.This included: enumeration of the powers of parliament (s. 51) and not those of the States, with the States being assigned a broad 'residual' power instead (s. 108); a 'supremacy' clause (s. 109); strong bicameralism, with a Senate in which the States are equally represented notwithstanding great ...
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 ...
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.
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.