The Australian Constitution

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The Australian Constitution

Will Australia become a republic in the next twenty years? This is a difficult question to speculate on. The main area of law governing this issue is section 128 of the Commonwealth of Australia Constitution Act 1900 (U.K). Other issues in this debate are regarding appointment, termination and the powers to be awarded to the proposed Head of State, and the impact the change will have on the States. Examining the history of Australian Legislative powers, and reasons why Australians would want to change, is also useful when speculating on this issue.

The Colonial Laws Validity Act 1865 emphasized self-government in the colonies, although denying them the power to amend or repeal British law. (Enright et.al 1995, p.14) It wasn’t until Australia became a Federation with the enactment of the Australian Constitution Act 1901(U.K.) on 1 January 1901, that Australia had their own law making powers. However, these powers were still limited by the Constitution. (Waller et.al 2000, p.71) When the Statute of Winchester 1931 invalidated the Colonial Laws Validity Act 1865 the Commonwealth gained the power to pass their own Acts, irrespective of whether they were consistent with British Law. However, this power did not extend to the States. Remaining restrictions were removed with the enactment of the Australia Acts 1986. Australian Parliaments and Courts now had full control of Australian Laws. (Enright et.al 1995, p.p. 16-17 and Carvan et.al 1999, p.p. 25-26)

Although the Monarch ceased to be active in government, the Queen still remains as the Constitutional Head of State, with Monarchial power being exercised through the Governor-General. With the exception of ‘reserve powers’ the Governor-General a...

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...Constitutional Issues; University of Queensland Law Journal(1994) University of Queensland Press, Australia.

Carvan, J., Understanding the Australian legal System (1999) LBC Information Services, Sydney.

Chisholm, R., Nettheim, G., Understanding Law (1997) Butterworths, Australia.

Enright, C., Studying Law (1995) Federation Press, Sydney.

Mack, K., in Corkery J.F., A Career in Law (1998) Federation Press, Sydney.

Waller, L., An introduction to law (2000) LBC Information Services, Sydney.

Winterton, G., Monarchy to Republic: Australian Republican Government (1994) Oxford University Press, Australia.

Winterton, G., in Stephenson, M.A., Turner, C., Republic or Monarchy: Legal and Constitutional Issues; University of Queensland Law Journal (1994) University of Queensland Press, Australia.

http://www.aph.gov.au/senate/general/republic.htm#aussie

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