Constitution of Australia facts for kids
Quick facts for kids Constitution of the Commonwealth of Australia |
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Original 1900 copy of the Constitution
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| Jurisdiction | Australia |
| Date effective | 1 January 1901 |
| System | Federal parliamentary constitutional monarchy |
| Branches |
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| Chambers | |
| Executive |
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| Judiciary | High Court of Australia and other federal courts |
| Amendments | 8 — See Referendums in Australia |
| Last amended | 1977 Australian referendum |
| Location | National Archives of Australia |
| Author(s) | Constitutional Conventions, 1891 and 1897–98 |
| Supersedes | Federal Council of Australasia Act 1885 (Imp) |
| Act of Parliament | |
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| Long title | An Act to constitute the Commonwealth of Australia |
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| Citation | 63 & 64 Vict. c. 12 |
| Introduced by | Joseph Chamberlain (Commons) William Palmer, 2nd Earl of Selborne (Lords) |
| Dates | |
| Royal assent | 9 July 1900 |
| Other legislation | |
| Repeals/revokes | Federal Council of Australasia Act 1885 (Imp) |
| Amended by |
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| Relates to | |
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Status: Amended
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| Records of Parliamentary debate relating to the statute from Hansard | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Constitution of Australia is the main law that sets up how Australia is governed. It's like a rulebook for the country. This important document created Australia as a federation. This means it's a group of states working together under one central government.
Australia is also a constitutional monarchy. This means it has a King or Queen as its head of state, but their power is limited by the Constitution. The country is run by a parliamentary system. This system involves elected representatives making laws.
The Constitution has eight chapters. These chapters explain how the three main parts of the federal government work. These parts are the Parliament, the Executive Government, and the Courts.
The Constitution was written between 1891 and 1898. Representatives from the six British colonies in Australia worked on it. These colonies were New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania.
After being approved by the colonies, the Constitution was made law by the Parliament of the United Kingdom. It became law on 9 July 1900. It officially started on 1 January 1901. On this day, the six colonies became states within the new Commonwealth of Australia.
The Constitution is the main source of Australia's laws about government. It works alongside other important rules and court decisions.
To change the Constitution, Australians must vote in a referendum. This process is explained in section 128. A change needs a "double majority" to pass. This means a majority of votes across the country, and a majority of votes in most states. Only eight of 45 proposed changes have passed.
Contents
- Understanding Australia's Constitutional History
- How the Constitution is Structured
- The Constitution's Introduction (Preamble)
- Main Chapters of the Constitution
- Chapter I: The Parliament - Making Laws
- Chapter II: The Executive Government - Running the Country
- Chapter III: The Judicature - Interpreting Laws
- Chapter IV: Finance and Trade - Money Matters
- Chapter V: The States - Working with the Federal System
- Chapter VI: New States - Adding to the Federation
- Chapter VII: Miscellaneous - Other Important Rules
- Chapter VIII: Alteration of the Constitution - How to Change the Rules
- The Schedule - Taking an Oath
- Understanding Constitutional Conventions
- Changing the Constitution: Referendums
- The Constitution's Place in Australian Culture
- See also
Understanding Australia's Constitutional History
How Australia Became a Federation
In the mid-1800s, people in the Australian colonies wanted to work together more closely. They wanted to manage things like trade rules between colonies.
However, there were disagreements between larger and smaller colonies. Some colonies also had different ideas about trade. These issues slowed down the idea of a federation for a while.
In 1889, the Federal Council of Australasia was formed. This happened because people worried about other European countries setting up colonies nearby. It also grew from a stronger sense of Australian identity. This council could make some laws but didn't have much power. New South Wales, the biggest colony, didn't even join it.
Henry Parkes, the leader of New South Wales, pushed for meetings to discuss federation. These meetings happened in 1890 and 1891. Most colonial leaders attended.
By the 1891 meeting, the idea of federation was gaining strength. They started to plan what a federal government would look like. A first draft of the Constitution was created. However, this draft didn't have much public support and didn't solve all the big issues, like trade rules. It didn't pass in New South Wales, so other colonies stopped working on it.
In 1895, the leaders of all six colonies agreed to hold a new meeting. This meeting would involve people chosen by popular vote. The convention met from 1897 to 1898. They created a new draft Constitution. This draft included similar ideas to the 1891 version. It also added rules for a "responsible government."
Some people at the 1898 meeting wanted to add a list of rights, like in the United States Constitution. But this idea was not chosen. Australia's Constitution still protects only a few specific rights.
To make sure people supported it, the 1898 draft was put to a vote in each colony. After some changes, it was voted on again in five colonies (Western Australia joined later). Once approved, the document was sent to the British Imperial Parliament. They asked Queen Victoria to make it law.
Before it became law, a small change was made. This change allowed some appeals from Australia's High Court to a special court in the UK. This was to ensure certain legal decisions could still be reviewed by the British system.
After these changes, the Commonwealth of Australia Constitution Act became law on 9 July 1900. This Act also allowed the Queen to officially declare the federation. Queen Victoria did this on 17 September 1900. The federation officially began on 1 January 1901. Just before this, Western Australia agreed to join. This made it an "original state" with the others.
Australia's Independence Journey After Federation
When Australia became a federation, six British colonies joined to form one nation. Some British laws still applied. However, Australia quickly gained real independence in making its own laws.
The British Parliament's power to make laws for Australia was limited in 1931. This happened when the UK passed the Statute of Westminster. Australia adopted this into its own law in 1942. This change made Australia even more independent.
However, some links to the UK remained. For example, the UK could still appoint state governors. Also, some court cases could still be appealed to a special court in the UK. These last links were removed in 1986. This happened with the Australia Act. This Act made Australia fully independent from the British Parliament and legal system.
In 1988, the original copy of the Commonwealth of Australia Constitution Act was brought to Australia. This was for Australia's 200th birthday celebrations. Australia asked to keep the copy, and the British Parliament agreed. The copy is now kept at the National Archives of Australia.
The Constitution is still a UK law, even though Australia is independent. This is a unique part of its history.
Celebrating Constitution Day
Constitution Day is celebrated on 9 July each year. This is the date Queen Victoria approved the Commonwealth of Australia Constitution Act in 1900. It is not a public holiday.
The first Constitution Day was held in 2000. This marked 100 years since the Constitution became law. The day was brought back in 2007. It is now organised by the National Archives of Australia and the Department of Immigration.
How the Constitution is Structured
The Commonwealth of Australia Constitution Act 1900 has nine sections. Section 9 contains the Constitution itself. Sections 1 to 8 are called "covering clauses."
The second covering clause says that "the Queen" refers to "Her Majesty's heirs and successors." This means whoever is the King or Queen of the UK is also Australia's monarch.
The Constitution's Introduction (Preamble)
The Constitution Act includes an introduction, called a preamble. It mentions the states that agreed to unite. It also mentions God and that the Australian people agreed to form a federation under the Crown. It ends by stating that the Queen and the UK Parliament made it law.
WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of
Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain
and Ireland, and under the Constitution hereby established:
And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Main Chapters of the Constitution
The Constitution has eight chapters and 128 sections. The first three chapters describe the powers of the three branches of government: the law-making, the governing, and the court systems. This separation of powers is a key idea in Australia's government.
Chapter I: The Parliament - Making Laws
Chapter I: The Parliament sets up the part of government that makes laws. It includes the monarch, the Senate, and the House of Representatives. It explains how many people are in each group. It also says that these representatives must be chosen directly by voters.
The House of Representatives has members based on population. The Senate has an equal number of members from each "original state." Chapter I also describes the monarch's role in Parliament.
This chapter lists the topics the Commonwealth Parliament can make laws about. These are called "heads of power." States can also make laws on these topics. However, if there's a conflict, Commonwealth law usually wins. Some topics can only be legislated by the Commonwealth.
The Governor-General's powers are also here. These include calling Parliament meetings and approving new laws.
Chapter II: The Executive Government - Running the Country
Chapter II: The Executive Government describes the powers of the government that runs the country. The monarch holds this power, but the Governor-General uses it. The Governor-General appoints ministers who form the government.
The Governor-General can appoint and remove ministers. They are also the Commander-in-Chief of Australia's armed forces. The Constitution doesn't fully explain how the Prime Minister and Cabinet work. However, it's clear the document was designed for this type of government. This is called "responsible government."
Chapter III: The Judicature - Interpreting Laws
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Chapter III: The Judicature sets up the court system. Australia's highest court is the High Court of Australia. Parliament can create other federal courts. It can also give state courts the power to handle federal cases.
This chapter also explains the High Court's powers. It guarantees a trial by jury for serious crimes against the Commonwealth.
Chapter IV: Finance and Trade - Money Matters
Chapter IV: Finance and Trade deals with money and business rules. All Commonwealth money goes into a special fund. The Commonwealth has the only power to collect customs and excise duties (taxes on goods).
A famous part, Section 92, says that trade between states must be "absolutely free." This means no barriers to trade. The Commonwealth can also give money to states.
Chapter V: The States - Working with the Federal System
Chapter V: The States has rules about the states and their role. Sections 106–108 protect the states' powers. If a Commonwealth law conflicts with a state law, the Commonwealth law usually wins.
States cannot raise armies without Commonwealth permission. The Commonwealth cannot tax state government property, and vice versa. The Commonwealth cannot establish a national religion. It also cannot stop people from practicing their religion freely. It cannot require a religious test for public office.
Chapter VI: New States - Adding to the Federation
Chapter VI: New States allows for new states to join Australia. It also lets Parliament decide how territories are represented. State borders can only be changed with the state's agreement and a referendum.
Chapter VII: Miscellaneous - Other Important Rules
Chapter VII: Miscellaneous covers various topics. Section 125 made Melbourne the temporary capital. It also said the permanent capital would be in New South Wales, but not too close to Sydney. Canberra became the national capital in 1913.
Section 127 used to say that "aboriginal natives" were not counted in population numbers for elections. This section was removed by a referendum in 1967. This change ensured Indigenous Australians were fully included in population counts.
Chapter VIII: Alteration of the Constitution - How to Change the Rules
Chapter VIII: Alteration of the Constitution has only one section. It explains how to change the Constitution. Changes can only happen through a referendum. A referendum needs a "double majority" to pass. This means a majority of votes across the country. It also needs a majority of votes in most states. This rule ensures that changes have wide support.
The Schedule - Taking an Oath
The Constitution also includes a schedule. This part shows the words for the oath or affirmation of allegiance. Members of Parliament must take this oath before they can start their job.
The oath promises loyalty to the King or Queen of the United Kingdom.
Understanding Constitutional Conventions
Constitutional conventions are important unwritten rules in Australia's government. For example, the Prime Minister leads a Cabinet of senior ministers. Another rule is that the Governor-General almost always acts on the advice of the Prime Minister.
These rules are not written in the Constitution. However, the High Court understands them to be part of how the government works. For instance, the Governor-General usually appoints as Prime Minister the person who has the support of most members in the House of Representatives.
Sometimes, the Governor-General can use "reserve powers." This means they can act without advice from ministers. Two examples are appointing the Prime Minister and deciding whether to call an early election.
A famous example of reserve powers happened in 1975. The Governor-General, Sir John Kerr, acted without advice. He called an election after the Senate refused to pass money bills. This event led to a change in how some conventions are understood. For example, a rule about filling Senate vacancies was later added to the written Constitution in 1977.
Changing the Constitution: Referendums
To change the Constitution, a referendum is needed. The proposed change must be approved by a majority of voters across Australia. It also needs a majority of votes in at least four states. This "double majority" rule protects the federal system. It ensures that changes aren't made only by the most populated states.
Past Referendums and Amendments
Australians have voted on 45 proposed changes to the Constitution. Only eight of these have been approved. This shows that Australians are often careful about changing their Constitution.
The eight successful changes are:
- 1906 – Senate elections: Changed how long senators serve and when their terms start.
- 1910 – State debts: Allowed the Commonwealth to take over debts from the states.
- 1928 – State debts: Added a new section to support a financial agreement between the Commonwealth and states.
- 1946 – Social services: Gave the Commonwealth more power to make laws about social services.
- 1967 – Aboriginal Australians: Allowed the Commonwealth to make laws for Indigenous Australians. It also removed a section that excluded Indigenous Australians from population counts.
- 1977 – Senate casual vacancies: Changed how empty Senate seats are filled. It ensured the new person was from the same political party.
- 1977 – Referendums: Allowed people in Australian territories to vote in referendums.
- 1977 – Retirement of Judges: Set a retirement age of 70 for judges in federal courts.
Current Ideas for Constitutional Changes
Many discussions are happening about changing the Australian Constitution. These include adding a new introduction (preamble). There are also talks about Australia becoming a republic. Another big topic is formally recognising Indigenous Australians.
Adding a Preamble
The current Constitution includes a short introduction. Since the 1980s, people have called for a new preamble. This new introduction could reflect Australian values. It could also recognise the special place of Indigenous Australians.
A new preamble could also state that the Constitution gets its power from the Australian people. This would show it's not just based on a UK law. In 1999, a new preamble was proposed alongside a vote on becoming a republic. However, both proposals were rejected by voters.
Republic Proposals
Discussions about Australia becoming a republic have happened since federation. This would mean changing Australia from a monarchy to having an Australian president as head of state.
In November 1999, Australians voted on this idea. The referendum rejected the change.
Recognising Indigenous Australians and a Voice to Parliament
Since 1910, there have been calls to recognise Indigenous Australians in the Constitution. In 1967, the Constitution was changed. This gave the Commonwealth power to make laws for all Indigenous Australians. It also ensured Indigenous Australians were counted in population numbers.
Since then, other ideas have come up. These include guaranteeing Indigenous parliamentary representatives. Another idea is a "Voice to Parliament." This would be a group that advises the Parliament on laws and policies affecting Indigenous Australians.
In 2023, a referendum was held to add a Voice to Parliament to the Constitution. This proposed change was rejected by voters.
Other Proposed Amendments
Some political parties support other changes to the Constitution. These include:
- Recognising local government.
- Having fixed four-year terms for both the Senate and the House of Representatives.
- Reforming "territory rights."
Some groups also support holding a referendum to protect the right to freedom of speech in the Constitution.
The Constitution's Place in Australian Culture
The Australian Constitution is often not widely known by many Australians. It's sometimes called "virtually invisible" in daily discussions. This is different from countries like the United States, where their constitution is a very central part of their national identity.
Many Australians haven't heard of their own Constitution. Unlike the US Constitution, which starts with "We the People," Australia's Constitution was passed by the United Kingdom. It doesn't have a clear statement of national values or rights. Some people like this simple approach, while others wish it was more inspiring.
See also
In Spanish: Constitución de Australia para niños
- State constitutions and territory self government Acts:
- Constitution of New South Wales
- Constitution of Victoria
- Constitution of Queensland
- Constitution of South Australia
- Constitution of Western Australia
- Constitution of Tasmania
- Australian Capital Territory self government Act
- Northern Territory self government Act
- Constitutionalism – concept used to study the historical development and common features of constitutions
- Rule of law – concept underlying constitutional states
