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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 .
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 is notable for not containing a bill of rights, and express constitutional restrictions upon Commonwealth power are minimal in number and scope. Nevertheless, some restrictions upon Commonwealth power have been recognised by implications drawn constitutional sections unconcerned with the establishment of rights.
The Australian Constitution sets down the powers and responsibilities of many of the institutions of the Australian Commonwealth. However, the prime minister, the cabinet and the other principles of responsible government are not explicitly mentioned in the document, along with most of the realities of exercise of executive power.
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.
Chapter I of the Constitution of Australia establishes the Parliament of Australia and its role as the legislative branch of the Government of Australia. [1] The chapter consists of 60 sections which are organised into 5 parts.
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 ...
The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches. This concept is where legislature makes the laws, the executive put the laws into operation, and the judiciary interprets the laws; all independently of each other.