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.
I am going to give a quick history lesson on Australia then go into how the government formed and came to be. Then I will talk about the Australian constitution, the Australian arms of government, their federal system, political parties and Australia’s current Prime Minister. The government of Australia is Constitutional Monarchy and a Federal Parliamentary. According to the Australian Government website, they call it a Constitutional Monarchy because the country was established with a constitution and the Head of State was Queen Victoria (Irving). Queen Victoria was the Queen of England at the time.
Australian Bicameralism Bicameralism in Australia has a long history dating back to the pre-Federation colonial parliaments. These structures, in turn, evolved from their British forbear, the parliament at Westminster. At federal and state levels there has been considerable debate and controversy over the continuing efficacy and efficiency of the two-house model. Is it necessary or desirable to maintain two houses of parliament for state and federal governments in Australia? Did the Queensland government do the right thing in abolishing its upper house?
The founders of our nation during the development of the Constitution considered two main forms of government – the British Westminster system of responsible government and the American Federalism, with a hybrid system being settled upon. The Constitution reflects Montesquieu’s theory through Chapters I (the legislature), II (the executive) and III (the judiciary) respectively. At a commonwealth level, the High Court of Australia has shaped and defined how the doctrine operates , which is based on their interpretation of t... ... middle of paper ... ...ng element of the doctrine at the state level is that the High Court has not established a precedent yet on what is unconstitutional. The separation of powers doctrine is entrenched in the Constitution, acting as a force to protect individual rights and liberties. It provides checks and balances on the ensuring that each arm of government remains separate and distinct from each other.
It bears witness to Australia’s growth from an Imperial Dominion to a nation in its own right. In 1992 the building was re-opened. Various spaces in the building are currently used for exhibitions. There are daily tours of the ‘living museum of... ... middle of paper ... ...ion prevented the Senate from functioning. The Governor-General (until then, a largely decorative representative of the Crown overseeing Australian affairs) dismissed the government – a move that shocked many into questioning the validity of Britain’s ultimate hold on Australia.
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 This essay will discuss two advantages of Australia federating and two disadvantages of Australia doing so. The advantages that will be outlined and discussed in this essay will be that federation helped Australia’s economy & federation was essential for Australia so it would not be colonised by another country due to a stronger defence force.
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.
The system of government in this country is based on the liberal democratic tradition. This kind of government is one based on the values of religious tolerance and gives its citizens the freedom of speech. The citizens also have the freedom of association which arises from the rule of law that has been put in place to ensure that no individual is discriminated against. The practices of the government and the institutions present in the Australian government are those that reflect the British and North American models and are seen as being uniquely Australian. Being a responsible government, it houses some of the oldest democracies in the world in the sense that it has the commonwealth of Australia which was created in 1901.
The constitution and the high court together work in conjunction and the constitution limits the powers of the Australian governments, but also allows the high court to imply what the constitution means, The Mabo case and the Workers Choice case give some substance to the constitution and show the power that has been given to the High court. In 1980 Australia was collectively a part of the British colonies, the politicians of this era wanted to join the whole of Australia and form one government. There was much debate and difficulty in agreeing on how to run a new federal government (Baldwin, 2008, p. 4), with the colonies having no formal links with each other, this meant the colonies made their own decisions. This caused issues as each state had its own defence force, road and railway systems and postal services; taxes were also put onto goods going from one colony to the next (Saunders, 1998, p. 12). The colonies remained separated by poor transport and communications (Singleton, 2009, p. 48), all the states believed that having a good defence system that would protect all shores, ... ... middle of paper ... ... Decision : Implications for our Federal System.