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
On the one hand, constitutions are really necessary in the democratic states where although not perfectly, but to a big extent democratic principles such as equality, liberty, tolerance, the respect of human rights, providing the ability for the citizens to elect the government, etc. are applied. The first reason why having a set of exact rules that are respected by every citizen of the democratic state is that having a constitution maintains order and thus, helps all the citizens to live a peaceful
In understanding the role of the Australian constitution it can be disputed that the Australian constitution is highly significant in the operation of government. The Australian constitution is a set of rules by which Australia is run. It came into effect on the 1 January 1901. This document has been important in the shaping of Australian society. The Australian constitution describes the structure, role and powers of the federal government. It informs how the federal and state governments share
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
Australian Parliamentary Essay Australia became an independent nation on January 1, 1901 when the British Parliament passed certain legislation allowing the six Australian colonies to regulate their own authority as part of the Commonwealth of Australia. The Commonwealth of Australia was established, and remains as, a constitutional monarchy, meaning that it was founded with a written constitution, and that the Australian head of state is also head of the Commonwealth (Queen Elizabeth II.) The
For many years, the question of how adaptable and flexible the constitution is in Australia has been widely debated. As of now the atmosphere of verbal confrontation on protected change, has restored enthusiasm toward the issue in exploring whether the constitution is versatile and adaptable in meeting the needs of the nation following 100 years in being embraced. Many would state that the constitution is not a living document and therefore, it does not change to meet the needs of the nation. One
land, took ownership of land that has been woven into Indigenous Australian culture and tradition for centuries, took ownership of land that was not Terra Nullius. We, as white Australians, have still not given this land back. 2. In 1901 the Australian constitution reflected deep racist ideas and they were presented in three major ways, the preamble to where Aboriginal and Torres Strait Islander people’s special place in Australian society as the original custodians were not acknowledged, section
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
Our Constitution was written more than a century ago. By then, Aboriginal and Torres Strait Islander peoples had lived in this land for more than 40,000 years. But the Australia’s founding document did not recognize the ATSI people as the first people of this land. This founding document mentioned Aboriginal and Torres Strait Islander peoples only to discriminate. Until the 1967 Referendum. This lend to Segregation has cause a rift between Indigenous Australian and non- Indigenous Australian. Even
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
The Australian Constitution explicitly enumerates constitutional laws to protect the sovereignty of the States. Sovereignty is a nation having legitimate power to govern itself independently of foreign powers . The Australian Constitution is often referred to as the ‘people’s document’. It explicitly outlines the strict “structure, powers and procedures” that must be adhered to by Parliament. The Founding Fathers who played a significant role in federating Australia, has the foresight to protect
to scrutinise the actions of government. The constitution has a vital role within society and has a major impact on the way that businesses interact. Including this legislations are a key way that enables parliament to regulate the behaviour of businesses The constitution states the constitution as the “fundamental law of Australia binding everybody including the commonwealth parliament and the parliament of each state”. The Australian constitution was formed in 1900, and was implemented on the
The Australian Constitution irrefutably achieves justice for the Australian people. Justice is crucial for the productivity and betterment of society, it refers to the notion of people being treated fairly and impartially by the abetriers of the law and the people in power. As U.S. President John Adams once stated; “I say, that power must never be trusted without a check”. Power and its influence must undoubtedly be balanced and extensively assessed for it to be deemed trustworthy and dependable
Indigenous population’s political struggle for recognition of rights to Australian land. At times the effort appears to be endless and achieving recognition almost seems impossible. Native Title and Land claims have become a step closer in achieving this recognition; however, for land rights to exist in an absolute form, they cannot exist as a mere Act of Parliament but must form a fundamental part of the Australian Constitution. This seemingly gigantic task is part of the incessant political struggle
Independence of Judiciary in Australia a) How is the independence of the judiciary guaranteed in Australia? While the Westminster system had largely developed because of the doctrine of separation of powers, the Australian system of government is largely based on the Westminster. This doctrine of separation of powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine that
The term “Court Hierarchy” is a very important word in the law world in modern society. It’s definition gives a very clear and concise meaning to the law industry. The phrase can be split into two words to be easily dealt and understood. The word “court” is from a Greek derivative “cohors” or “cohort” meaning courtyard or retinue. It’s definition from the dictionary certainly portrays the law as a very important and distinguished practice. “a. A person or body of persons whose task is to hear and
Living in a multicultural Australian community in the nineties where the enforcement of opposing cultures, beliefs and opinions is expected and the pressures of expectations are abundant would not be easy. This is especially obvious if the ‘victim’ is emotionally unhinged (or at least slightly ajar) and looking for stability through constants, including their heritage and who they actually are. Josephine Alibrandi has all of these pressures heaped on her adolescent mind but the impact is doubled
Dear Editor My name is John Foulcher, renowned Australian poet. I have recently been surfing the World Wide Web and by accident I come up with your site, “Online Anthology of Australian Poets”. The subject matter of poetry attracted me to wonder around your website. I believe my poetry should be included in your collection for I have lived and breathed Australian culture for just over 50 years now, I have recorded my way of life in my poems, and in particular I have a specific poem to refer to you
Address: Camel jockey, tent-head, soggy Arabian, desert Irish, gas-ass. AUSTRALIANS Racial Characteristics: Violently loud alcoholic roughnecks whose idea of fun is to throw up on your car. The national sport is breaking furniture and the average daily consumption of beer in Sydney is ten and three quarters Imperial gallons for children under the age of nine. "Making a Shambles" is required study in the primary schools and all Australians are bilingual, speaking both English and Sheep. Possibly as a result
future. At a time when the restoration of public trust in financial reporting is a key priority, such changes should be avoided. Background Following the failure of HIH Insurance and other listed Australian companies during the first half of 2001, concerns were raised about the adequacy of Australian rules governing audit independence. Auditor independence is fundamental to the credibility and reliability of auditors’ reports. Independence is defined to require “… a freedom from bias, personal interest