Constitution of Australia

The Constitution emerged from a series of constitutional conventions held in the 1890s, culminating in a draft approved by popular referendums in all colonies except Western Australia (which later joined). The Commonwealth of Australia Constitution Act 1900 (Imp) was passed by the British Parliament, with a clause allowing Queen Victoria to proclaim the federation. The Constitution's federal structure was influenced by the United States Constitution, but it adopted the Westminster system of responsible government, creating a hybrid model. Notably, the original document included a provision (section 127) excluding Aboriginal Australians from population counts, which was removed by referendum in 1967.

The Constitution is divided into eight chapters: the Parliament, the Executive, the Judicature, Finance and Trade, the States, New States, Miscellaneous, and Alteration. It establishes a bicameral Parliament (Senate and House of Representatives), with the Senate designed to represent the states equally. Section 51 lists the Commonwealth's enumerated powers, including defence, foreign affairs, and interstate trade, while residual powers remain with the states. The High Court, established under Chapter III, has original jurisdiction over constitutional matters and serves as the ultimate arbiter of federal disputes. Section 109 provides that Commonwealth laws prevail over inconsistent state laws.

Section 128 requires a proposed amendment to be passed by an absolute majority in both houses of Parliament (or by one house twice) and then approved by a majority of voters nationally and a majority of voters in a majority of states. Since 1901, 44 referendums have been held, but only 8 have succeeded, reflecting a deliberately conservative amendment process. Notable successful amendments include the 1967 referendum on Aboriginal recognition and the 1977 referendum on Senate casual vacancies. Failed proposals include attempts to ban communism (1951) and to establish a republic (1999). The difficulty of amendment has led to significant constitutional change through judicial interpretation rather than formal alteration.

Several obscure provisions remain in force. Section 44 disqualifies from Parliament anyone with allegiance to a foreign power, which has caused modern controversies over dual citizenship. Section 92 guarantees absolute freedom of interstate trade, leading to complex legal interpretations. The Constitution also contains a rarely used power under section 96 allowing the Commonwealth to grant financial assistance to states on conditions, which has been used to expand federal influence. The original document included a provision for the federal capital to be located in New South Wales, at least 100 miles from Sydney, leading to the creation of Canberra. Additionally, the Queen's representative, the Governor-General, holds reserve powers that are not codified but are drawn from constitutional convention.

Commonwealth

The federal government of Australia, as distinct from the states.

Governor-General

The Queen's representative in Australia, exercising executive power.

High Court

The highest court in Australia, with jurisdiction over constitutional matters.

Referendum

A direct vote of the people on a proposed constitutional amendment.