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Essay on australias constitution
Essay on australias constitution
Essay on australias constitution
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The decision for Australia to adopt the Federal system was on the principle of which the State’s governments wanted to keep their power. For this reason there was the separation of powers between the newly formed Commonwealth government and the existing State governments. At a constitutional level, there are rulings in which the powers are separated, these rulings due to disputes have slightly changed since 1901. These changes all fell towards the one government, the Commonwealth (Federal) government. However this was not just a landslide event, the Constitution of Australia set up this imbalance of powers between the Commonwealth and State governments. We will explore this further in the points discussed later in this essay.
Australia before 1901 had 6 separate governments, each with their own rules, regulations and territory. There were certain rules and regulations which only further separated each government’s land beyond the distinguished borders of the newly formed state. For example the different widths of the train tracks. Which made the trades between colonies harder. As to trade between the colonies you had to unload one train at the border and reload another train across the border. These measures made sure that each colony had their rules enforced on their land. There was also how each colony raised funds for the government and their projects, this was so that each colony had the right amount of funding, to complete what they needed to without overtaxing the population.
After 1901 the federal system was introduced into the Australian system. This meant that the formerly separate governments would have to cohesively work together under a new, Commonwealth government. For Australia the federal system was a matter of ...
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...his made it hardly noticeable upon first glance by the public. It is only with hindsight which we are able to see how much the division has changed since 1901. To some it might seem only slight, but to the politicians who experienced these changes first hand they were, for the states, a loss of power, and for the Commonwealth a victory of power.
At the start of Australian Federation, there was already an imbalance of powers, to which many did not realise the impact this would have on the future of Australia as a nation. This imbalance changed ever so slightly with many a dispute but also just shifts towards support of the political party which the politicians serve instead of the state in which they represent. This all led to the Commonwealth having most of the power in Australia, and the State governments being financially dependent on the Commonwealth government.
The milestone judicial decision in Cole v Whitfield pronounced a pivotal moment in Australian jurisprudence in relation to the interpretation of s92 of the Australian constitution. This essay will critically analyse the constitutional interpretation approach utilised in Cole v Whitfield. This method will be compared with the interpretational methods exemplified in Commonwealth v Australian Capital Territory. Although within these two cases there appears to be a preference towards a particular interpretational method, each mode has both strengths and weaknesses. Accordingly, the merit of each should be employed in conjunction with one another, where the court deems fit, complementing each other. This may provide a holistic approach to interpreting the constitution.
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.
Nowadays, the Australian legal system has three powers, which are legislative, executive and judicial. Legislative power is in charge of making the laws; subsequently those laws will be passed to the executive power to administer the laws it...
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.
Of course it is naïve to believe that Australians only developed an identity after the First World War, but it is true to say that it was changed forever. Before Australia became the Australia known today, it was a land of bush rangers, farmers and convicts; a penal colony that had ambitions of becoming a nation who self-governed and had unified defence and transport*. Before federation Australia had fought in Sudan and the Boer War to provide support to the mother country as it was thought to be a heroic endeavour that was a type of rite of passage (Australian War Memorial, n.d.) and there was a global perception of who and what Australians were. Upon federation the people were very consciously intent on building themselves into a great nation (Bean, 1993), but not to sever ties to Britain completely as mostly foreign policy relied on what the British government dictated (Rickard, 1992).
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.
If those in power do not obey the social contract, the commonwealth has the right to create a new social contract so the state of nature does not prevail. The sovereign is entrusted with unlimited power, but must always act in a way that protects the people. Laws from the sovereign allow the commonwealth to not constantly fear death. Like principalities, sovereignty is allowed ultimate rule. It is similar to a republic in which the ruler has to abide by the will of the people.
Australia was imperialized by England for land, and for space for their conflicts. The conflicts were there to farm food for the English people. At the same time England had already had other countries under their control at this time. Australian people were not very happy with the English
The first advantage towards Australia from federation that will be discussed in this essay is that federation helped Australia’s economy. Prior to federation the continent of Australia was broke up into six small economies, each a colony. Federation meant that Australia would become a bigger and better economy therefore other governments, particularly Brittan would be more willing to grant Australia loans and invest within it, opposed to doing so with smaller and separate colonies. Federation also had an effect on the tariffs. Prior to federation business people had to pay tariffs but under federation the tariffs would be abolished and free trade would make cheaper production costs and open up many more business opportunities. In this sense, Federation should have been a necessity for Australia due to all the finan...
In order to understands how and why the high court affects all Australian lives its necessary for us to know the role of the high court of Australia in the Australian legal system.
Queensland’s system of government is modelled on the British Westminster system and under this system, there are three separate branches of government that are also referred to as the separation of powers as outlined by the Queensland Government (2017). The Doctrine of the Separation of Powers refers to the distinct separation of the three branches of government, these are the Legislature, the Executive and the Judiciary as outlined by the Queensland Government (2015). Legislature enacts the laws of the land and is exercised by the Parliament (Althaus, Bridgman and Davis 13, 2015). Within Queensland, the Parliament is made up of 89 members of the Legislative Assembly and the Governor who is the representative of the Queen as outlined by the
A Federal system is a system of government where power and sovereignty are shared constitutionally between a central authority and subunits. The central authority retains primary sovereignty while the subunits (state, province etc.) retain a degree of autonomy. Examples of federal countries include Ethiopia, Germany, and USA etc.
Parkin, A., Summers, J., & Woodward, D., (1980) Government, Politics and Power in Australia: an Introductory Reader, Melbourne, Victoria. : Longman Cheshire, pp. 372-74
The implications of the catastrophe of wars between states in Australia would be most interesting in the historical genre if we reflect upon the possibility (proposed by a historian) that the serene, peaceful state we are in today would probably not occur and, furthermore, that the subject of history may not be the same. The reason this has not happened is due to Federation on the date of 1st of January, 1901. Federation is when the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation. Does this suggest that, in spite of common beliefs to the contrary, that Australia would not have been the same? John Lewis (1940- current) did once say, “I don't think the federation has a head; its neck has just grown up and haired over.” This could suggest a metaphor that Federation is lasting for years, but not going further in progress. A look at a single website source suggests and answers a lot, but must we find out the reliability of this source on federation. If we consider the website, http://www.abc.net.au/federation/fedstory/home.htm, we can pinpoint its perfections and flaws, and state whether this source can be trusted.