Essay on The Australian Constitution And The Use Of Convention

Essay on The Australian Constitution And The Use Of Convention

Length: 1408 words (4 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

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...


... middle of paper ...


... 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.”

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Use Of Politics And Its Influence On Politics Essay

- Use in politics Fuck is not widely used in politics, and any use by notable politicians tends to produce controversy. Some events of this nature include: In 1965, U.S. President Lyndon B. Johnson said to the Greek ambassador Alexandros Matsas when he objected to American plans in Cyprus, "Fuck your parliament and your constitution. America is an elephant. Cyprus is a flea. Greece is a flea. If these two fellows continue itching the elephant they may just get whacked by the elephant 's trunk, whacked good." During the 1968 Democratic National Convention, Chicago mayor Richard Daley became so enraged by a speech from Abraham A....   [tags: George W. Bush, Democratic Party, Joe Biden, Fuck]

Strong Essays
940 words (2.7 pages)

The Convention Of The United States Constitution Essay

- Philadelphia convention of 1787 lasted from May 25, to September 17 where the founding fathers worked to create a new government that was more equipped than any other type of government before its time. This piece of work is now known as the United States Constitution. The Philadelphia convention stemmed from the poorly effective Articles of Confederation which the States operated on before hand. This poorly written document allowed the states to operate with complete free reign and left little authority to the central government....   [tags: United States Constitution]

Strong Essays
1116 words (3.2 pages)

Australian Constitution with Reference to Key High Court Decisions Essay

- Australia’s constitution is more than a legal document; it is a document that has been living for 200 years now and sets out a framework on how Australia should be governed, it sets out the rules and laws that are in place for the country to abide by as a nation. It provides an understanding between the Commonwealth and State Governments as to who has the responsibility to govern each legislature. As Australia changed from being separate colonies to form a whole and become the commonwealth, many changes were made, the constitution was founded and federation began....   [tags: australian history]

Strong Essays
1578 words (4.5 pages)

Essay about The Constitutional Convention Of The Constitution

- On May 25, 1787 the constitutional convention began at the Independence Hall in Philadelphia in order to amend the Articles of Confederation. It was apparent to the framers of the Constitution that the Articles of Confederation lacked central authority over foreign and domestic commerce, threw many conflicts over time after the Revolutionary War. This wouldn’t be a harmonious amendment either. Between the Federalists and the Anti – Federalist they spent the entire summer creating a new government unlike any before....   [tags: United States Constitution]

Strong Essays
1901 words (5.4 pages)

Essay about The Constitution And The Constitutional Convention

- One of the principal compromises in the constitution is on the topic of representation and its power. During the drafting of the constitution and the constitutional convention, the topic of representation as well as separation of power were soundly argued. To maintain a balance of powers, the drafters of the constitution agreed on a middle ground between the Connecticut and Virginal compromise. The separation of powers as entailed in the United States Constitution separates power of government into three branches hence guarantying that no single part of government is above another, this guarantee is entailed in a “checks and balances system”....   [tags: Separation of powers]

Strong Essays
1219 words (3.5 pages)

The Australian Constitution Essay

- Formed in 1901, The Australian Constitution is a document consisting of a formal set of rules associated with informal conventions that cooperate with political institutions to establish governance of a polity. It is a unique mixture of the rather informal British Constitution with some components of the very formal United States of America’s Constitution. The Constitution is the fundamental law of Australia which is binds the Commonwealth Parliament and the Parliament of each state. The Constitution of Australia serves great importance to the Australian political system, by setting forth the manner in which our courts, parliaments and cabinets operate within the Australian policy....   [tags: history, legislation, politics]

Strong Essays
1657 words (4.7 pages)

Essay on Important Factors Within The Australian Constitution

- The ideas that both Evans and Keyzer identify behind popular sovereignty are important factors within the Australian constitution, but they do not agree with each other’s ideas. This is due to his argument Keyzer pushers enforcing that the better view of relationship is actually between the people and the system of the constitutional government and their reflection of the rule of law to be more inclusive in regards to standing. What Keyzer infers here is that judicial review should allow for forms of anti-governmental expression that comes with the implied freedom within the rule of law ....   [tags: United States Constitution, Constitution, Law]

Strong Essays
1220 words (3.5 pages)

The Australian Constitution Essay

- A Bill of Rights is an article included in a nation’s Constitution that outlines the human rights of the citizens. In the 1890s Australia’s founding fathers decided not to include a Bill of Rights, as it was believed that our laws and lawmakers would protect our basic human rights. Most of the principles in the Australian Constitution are derived from the British and US constitutions . The British constitution relies on the principle of a sovereign elected parliament. Our Federal Commonwealth was to be formed under the Crown and the executive arm would sit in parliament....   [tags: bill of rights, founding fathers]

Strong Essays
791 words (2.3 pages)

The Australian Constitution Essay

- The Australian Constitution The founding fathers of Australia could never have predicted the society that was to come. However, the constitution- the most important document of the land- stands today with only 8 changes to the words after over 100 years of use. The constitution is not without flaws; the rights outlined in the document are far from clear, which hampers the knowledge of the public about their rights. However, this does not mean that the rights are not upheld in Australia....   [tags: Papers]

Strong Essays
1390 words (4 pages)

The Australian Constitution Essay

- 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....   [tags: Papers]

Strong Essays
1043 words (3 pages)