A FEDERAL NATION-AUSTRALIAN CONSTITUTION

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A FEDERAL NATION-AUSTRALIAN CONSTITUTION
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Federation

• Occurred on Jan 1. 1901
• Created a new nation and new level of government
  - Commonwealth of Australia
• Federations divide power between a central
  government and two or more regional powers (ie WA
  govt).
• Each level has different powers.
• Disputes between the two levels of government are
  decided by independent authority- Constitutional
  Court or High Court.

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Federation

• Constitution was set out to limit commonwealth
  powers by defining what their jurisdiction was
  and what was not mentioned was left to the
  states.
• Main focus of document was on the creation of the
  federal structure of government.
• Each branch of government was outlined as well as
  other issues. Ie/ constitutional change
• Many aspects were not included. Ie/ PM, this was
  left to convention.

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Chapter 1

• Largest chapter in the constitution, containing 5
  parts.
• It was also the most important chapter as it
  created the FEDERAL PARLIAMENT.

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Chapter 1 - Part 1

• Creates the Bi-cameral parliament, House of
  Representatives and the Senate. (Section1)
• The Queens authority, as Australias
  constitutional Head of State, is to be exercised
  by the Governor-General. (S2)

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Chapter 1 - Part 2 (Senate)

• Creates the upper house-Senate
• Composition- equal number from each state. This
  reassured the smaller colonies.
• Roles
• House of Review
• States house (not to be dominated by P. Parties)

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Senate

• 6 senators from each state, now 12 and the
  territories have 2.
• 6 year terms
• Senator elections done on rotation. I.e./ half
  every 3 years.
• Casual Vacancy- filled by member from same party.
• Senate presided over by a President.

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Chapter 1- Part 3(HOR)

• Creates the House of Representatives.
• Modelled on UK House of Commons.
• Peoples House
• Political party with the majority forms
  government. (i.e./executive headed by PM)

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HOR

• Nexus clause ensures HOR is to be twice the size
  of the Senate. I.e./ 15076
• Composition is based on population.
• Re-elections every 3 years.
• Vacancy is filled by a by-election.
• Presided over by a Speaker.

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Chapter1- Part 5

• Division of legislative powers.
• Federal powers were listed.
• Concurrent powers were also listed.
• However, state powers were left out.

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Part 5- Exclusive powers(S52)

• These are powers exclusively given to the
  Commonwealth government.
• Very few in total
• Examples Excise tax, Federal public service
  acquisition of land for capital.

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Concurrent Powers (51)

• Both states and federal can make laws on these.
• Often confused for exclusive as states have
  rarely exercised their powers.
• What are some of these powers?
• Section 109- also states that if Federal and
  state laws conflict the commonwealths override
  them.

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Residual powers

• Section 106, 107, 108 Maintain state
  constitutions, parliaments and laws.
• ALL other legislative jurisdiction is left to the
  states. Examples?
• If there is conflict S 109 gives commonwealth
  overriding powers.

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Law making power of the Two Houses

• Section 53- Powers are the same except for one
  area.
• The Senate cannot introduce, nor amend
  appropriation bills. (Can recommend changes).
• What are appropriation bills?
• Most bills originate from the HOR.

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Conflict between the houses?

• The government does not always control both
  houses. I.e./ Between 1981 and 2005
• If the Senate refuse to pass legislation twice, a
  DOUBlE DISSOLUTION results.
• General election is held for ALL members.
• Nexus clause.

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Royal assent

• Section 58- Royal assent must be given as the
  last stage for bills to become law by the G-G.

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Chapter 2- Executive

• Comprise monarch, PM, Ministers and Public
  service.
• Executive Roles
• Select and introduce legislation
• Administer government policy and departments.
• Accept responsibility for the outcomes of
  policies.

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Executive

• All members are from parliament.
• Political party with majority forms executive.
• Most ministers are from HOR although they can
  come from Senate too.
• PM must be from HOR.

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Executive

• Constitutionally- Federal Executive Council is
  executive.
• Who is given the power?
• Why is this in practice not the case?

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Executive

• Chapter 2 is highly criticized because it does
  not
• Outline the office of PM
• Outline the existence of the Cabinet
• Explain limits on G-Gs powers.

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Chapter 3- The Federal Judicature

• Creates High Court and other Federal courts.
• High Courts Roles
• Highest court of Appeal for states
• Highest court of Appeal for federal
• Court for disputes over legislative powers of
  State and commonwealth.
• Interpreter of the constitution.
• Look at hierarchy pg 84

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Chapter 4-Finance and Trade

• Free trade between states
• Commonwealth to collect excise tax(tariffs)
• Financial assistance to states

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Chapter 5- The States

• Constitutions, parliaments and laws maintained.
• Section 109- inconsistency over laws.

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Chapter 6

• New states can be created if needed.
• Never happened.

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Chapter 7

• Miscellaneous
• Establishment of Capital (Canberra).
• G-G as Queens Representative
• Section 127 removed from constitution?
• Why? Not removed until 1962.

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Chapter 8

• Altering the Constitution
• Referendums- Only way of changing the
  constitution.
• Proposal passed by both houses (or 1 house
  twice), then put to the people where it must
  receive a double majority(people and states) then
  it goes to the G-G.
• Very rare to pass- only 8 out of 44.