Australian Constitution

Australian Constitution

1. Overview

   • 8 Chapters and the Preamble
   • 128 Sections
   • Created in 1901 as a means of creating federation
   • Constitution Definition
     • The fundamental rules that set out the structure, powers, processes and procedures of government intended to shape the exercise of political and legal power.

2. Chapter 1: The Parliament

   • describes the legislative arm of the Commonwealth government
     • Section 7: Senate members are to be directly chosen by the people. There shall be an equal number of senators for each original state. Senators chosen for a tern of 6 years and their names certified to the GG
     • Section 12: Writs for Senate elections for a State issued by the GG
     • Section 24: House of Reps members to be directly chosen by the people and that House to have twice the membership of the Senate (Nexus Clause). Seat Numbers based on population but no original state to have less than 5.
     • Section 51: Powers of Parliament (exclusive powers) including trade with other nations and among states, taxation, bounties on export goods, naval and military defence and forces to uphold law, census & statistics, marriage etc.
     • Section 57: A proposed law that is rejected twice by the Senate may lead to a double dissolution of the Parliament. If the election that follows fails to resolve the issue the GG may call a joint sitting of both Houses. Deadlock is resolved by majority vote.

3. Chapter 2: Executive Government

   • gives executive power to the Queen's representative. The role of the PM and the mechanisms of responsible government is left to convention.
     • Section 61

4. Chapter 3

5. Chapter 4

6. Chapter 5

7. Chapter 6

8. Preamble

   • Specifies the basis of authority of the formal Constitution

9. Chapter 7

10. Chapter 8