Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Essay on australias constitution
Essay on federalism in australia
Essay about aus constitution
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Essay on australias constitution
Australian Parliamentary Essay
Australia became an independent nation on January 1, 1901 when the British Parliament passed certain legislation allowing the six Australian colonies to regulate their own authority as part of the Commonwealth of Australia. The Commonwealth of Australia was established, and remains as, a constitutional monarchy, meaning that it was founded with a written constitution, and that the Australian head of state is also head of the Commonwealth (Queen Elizabeth II.) The Australian Constitution was initially drafted by several men in the 1890’s though it wasn't passed by the British Parliament until 1900 as part of the Commonwealth of Australia Constitution Act. By definition the Australian Constitution is a composition
…show more content…
As well I will outline reasons why the Australian federal system of government is in its current state and what action can be taken to change it.
Before federation in 1901, Australia was not a nation. At that time, the Australian continent consisted of six British colonies (Western Australia, New South Wales, Queensland, South Australia, Tasmania and Victoria) that were somewhat self-governing, however still subject to the law-making power of the British Parliament. Each colony had its own government and laws, including its own rules and regulations on trade, transport and defence. This caused a lot of problems and people began to think about the benefits of uniting as one nation, under a federal system of governance. Under this system, powers would be distributed between a national government and the six States where the Constitution defines the boundaries of law-making powers between the Commonwealth and the States/Territories. One reason to federate was to achieve a united defence force which could better protect Australia. In the 1880s, Australian colonies became increasingly concerned with the large
The purpose of a constitution was to remove the royal authority 's institution and still govern the people with a popular sovereignty. Each colony developed their own constitution in different ways based on the economic, political, freedom, and social demands of the people as well as the states ' experiences. The Virginia constitution and the Massachusetts constitution were the two of the many states that created a constitution. Both of the constitutions have their similarity and difference, but they are more in common. In fact, It is said to be that the Massachusetts constitution was often overshadowed by the Virginia constitution. Nonetheless, the similarity between both constitutions is the structure of a commonwealth. That being the case, each state 's government are related to the federal government.
Australia's federation came about through a process of deliberation, consultation and debate. Before 1901 Australia did not exist as a nation. It was six British colonies, which were self-governed, but under the power of the British Parliament. The colonies were almost like six separate countries. In the 1880s there was so much disorganisation within this system, which caused a belief that a national government was, needed to deal with issues such as trade, defence and immigration saw popular support for federation grow.
When the United States declared itself a sovereign nation, the Articles of Confederation were drafted to serve as the nations first Constitution.Under these Articles, the states held most of the power; but due to an almost absent centralized government, colonists were ill-equipped to deal with such practices as regulating trade both between states and internationally, levying taxes, solving inter-state disputes, negotiating with foreign nations, and most importantly enforcing laws under the current notion of "Congress". Realizing that there were several deficiencies in the current system of self-government, the states appointed delegates to ratify the situation and come up with a way to attain the aforementioned practices they needed to be a functional independent nation.
Australia is a monarchy of the United Kingdom. It always has been, and yet this does not seem to have significantly and adversely affected our development and growth towards our country. Thus, there seems no legitimate purpose to change this; since a republican Australia displays a lack of conclusive benefits towards our economy and ‘way of life.’ An Australian republic would cost billions to undertake and is simply unnecessary as there are more important issues facing Australia; and if the Australian citizens are not calling for a referendum, then any serious discussions from politicians or other related public figures are irrelevant and meaningless.
A Constitution is a set of rules put in place to govern a country, by which the parliament, executive and judiciary must abide by in law making and administering justice. In many countries, these laws are easily changed, while in Australia, a referendum process must take place to alter the wording of the Constitution (Commonwealth of Australia, date unknown, South Australian Schools Constitutional Convention Committee 2001). Since the introduction of the Australian Constitution in January 1901, there have been sufficient proposals to alter and insert sections within the body to reflect the societal values of the day, ensuring the Constitution remains relevant to the Australian people. Although Constitutional reform can be made on a arrangement of matters, the latest protests on Indigenous recognition and racial references within the body of the Constitution has called into question the validity of racial inclusion, and whether amendments should be made to allow for recognition. This essay will focus on the necessity of these amendments and evaluate the likelihood of change through the process of referenda.
I believe that Australia should not become a republic. I think that there would be no point in becoming a republic, because we live without the intervention of the Queen at the moment, so becoming a republic would achieve nothing. If we were to become a republic, we would lose the support of England in times of war, famine or other disaster. I think that becoming a republic would achieve nothing, lose our links with England and waste the parliament's time when they should be concerned with more important issues.If we were to become a republic, the governor general would be replaced by a president who would have the same powers and responsibilities as our Governor General, so only the name and the person holding the position would change, wasting important parliament time and achieving absolutely nothing.
"There is a reason for the country to embrace mandatory voting, and it may be the most compelling: democracy cannot be strong if citizenship is weak," _William A. Galtson_. Mandatory voting, or compulsory voting, is a law wherein citizens are required to vote, or suffer the consequence. Australia has had compulsory voting since putting it into effect in 1924. "The turnout of Australian elections has never fallen below 90 percent since the introduction of compulsory voting in 1924," _Australian Electoral Commission_. Achieving over 90 percent of the citizens voting for nearly a century shows that mandatory voting is working in regard to getting people to vote. Governments should have mandatory voting because the people will educate themselves
Federation is the joining of states to become one nation. The Australian government first considered federation in 1890 when premier Henry Parkes convinced other premiers to discuss federation in the Australasian Federation Convention. Australia finally federated in 1901 after many failed attempts at doing so. Australia finally federated because
Aboriginals have lived various types of lives and in attempt to improve the lives of Canada’s Aboriginal people formed the Aboriginal self-government. Developing self-government for aboriginal peoples living in urban areas was not easy. The form of self-government varied across the country depending on the factors in each area or region. Some cities had existing aboriginal organizations providing a good basis upon which to build which made the self-government an easier thing to make. Despite the many challenges, self-government for aboriginal peoples living in urban areas is a concept that can be realized and can contribute to meeting the needs and aspirations of Canada’s Aboriginal peoples. Since the formation, the self-government has accomplished
Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the Rule of Law, and it can exercise power arbitrarily.
Federation is multiple states coming together to join as one. For example the federation of Australia is made up of 6 states and 2 territories, New South Wales in 1788, Tasmania in 1825, Western Australia in 1831, South Australia in 1836, Victoria in 1851, Queensland in 1859. But in 1901 was when Australia became a nation.
The Australian Constitution is one of the most important documents ever produced in the history of our nation, since Federation. The constitution was established in 1901 and was written by high court judges. Section 51 is the constitution high court judges refer to most commonly today, they use the constitution to interpret laws. The Australian Government has different powers and sectors; these powers have been divided between the states and the Commonwealth government. This is referred to as the Division of Powers. It has been argued that the division of powers is poorly defined within the Australian Constitution as there have been many cases in history where these powers have been abused and in turn new rulings have been passed by the high
The federation of the six self-governing colonies of Australia into a federal Commonwealth of Australia was a radical change to system of Government in Australia, but one that reflected the pre-existing realities of Australian society. At the time it was clear that the federal government should be given complete control over defence, customs and currency - the motives for federation - but by that point the colonies were proud of their achievements in the economic and social spheres and would not be willing to unite at the cost of their autonomy, even ignoring the infeasibility of trying to centrally control such a widespread and geographically dispersed communities, so there was much debate over how much additional power the federal government should have. (Sharman and Moon, 2003, p.4) (Singleton et al., 2012, p.58) The Upper House, or Senate, was created
The Australian Labor Party is a centre-left wing political party which was formed to represent the rights and interests of the industrial working population. The Australian Labor Party is the oldest political party in Australian history with its history tracing back to 1890. The Australian Labor Party emerged from the Australian labour movement which aimed to improve working conditions and raise wages for industrial workers (McKinlay, 1979). In 1890 workers were paid low wages while working in poor conditions which resulted in strikes such as the Maritime dispute in 1890 and the 1891 Shearers strike. These strikes were unsuccessful and prompted the unions to seek political representation which prompted the creation of the Australian Labor
An issue that has remained debatable since the Jackson litigation was what ought to be the ultimate controlling factor in the British constitution: parliamentary sovereignty or the rule of law. This essay sets out to consider the reputedly irreconcilable tension between the two fundamental constitutional principles by analysing the extensive obiter dicta in Jackson and relating it to judicial review which upholds the rule of law. The contention of this essay is that despite the courts' deferential attitude towards the sovereignty of the laws of Parliament, the rule of law may potentially gain dominance and surpass parliamentary sovereignty to become the ultimate controlling factor in the British constitution.