The Australian Constitution And The Use Of Convention

The Constitution of Australia is a written document, which came into effect when the six colonies federated to form the Commonwealth of Australia in 1901. It consists of eight chapters and 128 sections and lays down a set of laws or restraints by which the Federal Government must operate. It establishes the composition, procedures, functions, and powers of government, government authorities, such as the Governor General and other essential institutions. The Constitution is the basic framework for a civilised and well-governed Australia. However in the recent past, reason for parliamentary and federal concern has been thrust into the limelight. In addition, there has been a growing need for judicial interpretation and the ever-present reliance on convention.

The Australian Constitution has several primary features. Such aspects include the preamble and covering clauses; Chapter one which establishes the Federal Parliament and the respective roles of each house; the Federal Executive Council and provisions for the Governor General are outlined in Chapter 2; Chapter 3 covers the Judiciary and establishes the role of the High Court; in Chapters 4 through 7 other issues of the constitution are founded, particularly those pertaining to the economy; and Constitutional change in outlined in Chapter 8.

The preamble is an introductory statement that outlines the sources of authority and the mission, objectives and scope of the constitution. Chapter one states that Federal parliament shall consist of the Queen, the Senate and the House of Representatives (sect 1). The Senate is designed to act as a States house, while the House of Representatives performs as the Peoples House. Exclusive and residual powers are fore grounded and the procedure for overcoming conflict between the two houses is also outlined. Chapter 2 focuses primarily on the Federal Executive wing of government and the Governor General. Executive power is vested in the Governor General as the Head of State; there is no mention of the executive role of the Prime Minister. The composition and procedures of the Federal Executive Council are founded in this chapter also. The Judiciary are the chief concern of Chapter 3. In this the role and foundation of the High Court is inaugurated, as well as issues surrounding appeals to the Privy Council, dealt with. Chapters 4 through 7 are written in regard to the...

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... lead to crisis as it did in 1975, this is a cause for concern in today’s politics.

The difficulty in changing the constitution is also of concern. To change the constitution 50% of the population must vote yes to the question put to them and then four of the six states must also say yes. This is the only method of change. Thus in order to change something, without as much difficulty, there has been growing popularity in the use of judicial interpretation. By “re-interpreting” the constitution it can become more applicable to today’s society and thus serve the population of Australia better.

While the constitution has served the people of Australia well in the past, it does have certain faults and by all means needs amending in some areas. Additions regarding such subjects, as Internet censorship and individuals rights would vastly improve this document, as well make it more applicable to the 21st Century. Amending undefined areas of “grey” would also diminish some of the confusion surrounding the Australian Constitution. As Sir Robert Menzies once said: “The Constitution is the organic law…it ought, in my mind, be expressed in language which is clear, simple and comprehensive.”