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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 .
Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It has generally arisen for consideration by the High Court sitting in its capacity as the Court of Disputed Returns. It has been reviewed several times, but has not been amended.
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 .
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]
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 ...
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 ...
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 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.