Jump to content

Edit filter log

Details for log entry 33796656

01:43, 8 November 2022: 165.228.107.190 (talk) triggered filter 384, performing the action "edit" on Constitution of Australia. Actions taken: Disallow; Filter description: Addition of bad words or other vandalism (examine)

Changes made in edit

eopo7xo7o4x4x64l123456789098765432`kfdh,dgdhgdkdhgdgkgdddghkddkdgkhgdkgdkhdhgdhkgdkgg
{{Short description|Federal constitution of 1900}}
{{Use Australian English|date=July 2016}}
{{Use dmy dates|date=September 2020}}
{{Infobox constitution
| document_name = Commonwealth of Australia Constitution
| image = Constitution of Australia.jpg
| orig_lang_code = en
| title_orig =Commonwealth of Australia Constitution Act 1900 (UK), s. 9
| jurisdiction = [[Australia]]
| date_ratified = {{start date|1900|7|6|df=y}}
| date_effective = {{start date|1901|1|1|df=y}}
| system = [[Federal Government]]
| branches = {{plainlist|
* [[Australian Government|Executive]]
* [[Parliament of Australia|Legislative]]
* [[Judiciary of Australia|Judicial]]}}
| chambers = {{plainlist|
* [[House of Representatives (Australia)|House of Representatives]]
* [[Australian Senate|Senate]]}}
| executive = ''See [[Australian Government]]''
| courts = ''See [[Judiciary of Australia]]''
| number_amendments = ''See [[Referendums in Australia]]''
| date_last_amended = ''See [[1977 Australian referendum (Retirement of Judges)]]''
| location_of_document = [[National Archives of Australia]]
| writer = [[Constitutional Convention (Australia)|Constitutional Conventions, 1891 and 1897-98]]
| signers = [[Queen Victoria]]
| supersedes = [[Australian Colonies Government Act|Australian Colonies Government Act 1850]]

| wikisource = Commonwealth of Australia Constitution Act}}

The '''Constitution of Australia''' (or '''Australian Constitution''') is a [[written constitution|constitutional document]] that is [[Constitution|supreme law]] in [[Australia]]. It establishes Australia as a [[Federation of Australia|federation]] under a [[constitutional monarchy]] and outlines the structure and powers of the Australian government's three constituent parts, the [[Government of Australia|executive]], [[Parliament of Australia|legislature]], and [[Judiciary of Australia|judiciary]].

The constitution was drafted between 1891 and 1898, through a series of [[Constitutional Convention (Australia)|conventions]] conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a [[1898–1900 Australian constitutional referendums|set of referendums]] from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an [[Act of Parliament|act]] of the [[Parliament of the United Kingdom]]. The act was given [[royal assent]] on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901.<ref>{{cite web|url=https://www.legislation.gov.uk/ukpga/Vict/63-64/12/contents/enacted|title=Constitution of Australia Act 1900|website=legislation.gov.uk|access-date=11 July 2020}} The original text, as of 1900{{mdash}}still official in the UK.</ref><ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.au/Details/C2013Q00005|access-date=11 July 2020|website=[[Federal Register of Legislation]]}} The current text.</ref> The constitution gave the six colonies the status of [[States and territories of Australia|states]] within the new federation.

[[Australian constitutional law]] has developed through the interpretation of the constitution by the [[High Court of Australia|High Court]]. As well as its textual provisions, the constitution is understood to incorporate various unwritten [[Constitutional convention (political custom)|constitutional conventions]] and ideas derived from the [[Westminster system]], one of which is [[responsible government]]. Although the 1900 act initially derived its legal authority from the UK Parliament, the present understanding of the High Court and some academics is that it now derives its legal authority from the Australian people.<ref>{{cite journal|last=Lindell|first=G. J.|year=1986|title=Why is Australia's Constitution Binding? - The Reason in 1900 and Now, and the Effect of Independence|url=http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/FedLRev/1986/2.html|journal=Federal Law Review|volume=16|page=29|doi=10.1177/0067205X8601600102|s2cid=159157171}}</ref> Other documents of constitutional significance to Australia include the [[Statute of Westminster 1931|Statute of Westminster]] and the ''[[Australia Act 1986]]''.

The document may only be amended by [[Referendums in Australia|referendum]], through the procedure set out in [[Section 128 of the Constitution of Australia|section 128]]. Amendments require a "double majority" – a nationwide majority as well as a majority of voters in a majority of states. This has contributed to the low number of successful amendments; forty-four referendums have been held but only eight amendments have been passed, [[1977 Australian referendum|most recently in 1977]]. Ongoing debates exist regarding further proposals for amendment, notably including the inclusion of a preamble, the replacement of the [[Monarchy of Australia|monarchy]] with [[Republicanism in Australia|a republic]], and the addition of an [[Indigenous voice to government]].

==History==<!--text has no footnotes-->
{{Main|Constitutional history of Australia}}

=== Prior to federation ===
{{Main|Federation of Australia}}
Political movements to federate the Australian colonies grew to prominence in the mid 19th century. Multiple motivations existed for increased political co-operation between the colonies; including a desire to regulate inter-colonial tariffs. Tensions existed however between the larger colonies and the smaller ones, and in the degree to which each colony embraced [[Protectionism|protectionist]] policies. Those tensions and the outbreak of the [[American Civil War]] harmed the political case for federalism in the 1850s and 60s.

In 1889 the [[Federal Council of Australasia]] was established. It arose out of a fear of the growing presence of German and French colonies in the Pacific, and a growing Australian identity. The council could legislate on certain subjects but did not have a permanent secretariat, an executive, or independent source of revenue. Perhaps most problematically [[New South Wales]], the largest colony, did not join the body.

A series of conferences to discuss federalism was promoted by the [[Premier of New South Wales]] [[Henry Parkes]]; the first held in 1890 at Melbourne, and another at Sydney in 1891. These conferences were attended by most colonial leaders. By the 1891 conference the federalist cause gained momentum. Discussion turned to what the proper system of federal government ought to be. A draft constitution was drawn up at the conference under the guidance of [[Sir Samuel Griffith]], however, these meetings lacked popular support. An additional problem was that this draft constitution sidestepped some critical issues like tariff policy. The 1891 draft was submitted to colonial parliaments, however it lapsed in New South Wales. After that event other colonies were unwilling to proceed.

In 1895, the six premiers of the Australian colonies agreed to establish a new Convention by popular vote. The Convention met over the course of a year from 1897 to 1898. The meetings produced a new draft which contained substantially the same principles of government as the 1891 draft, but with added provisions for [[responsible government]]. Some delegates to the 1898 Constitutional Convention favoured a section similar to the Bill of Rights of the [[United States Constitution]], but this was decided against.

To ensure popular support, the 1898 draft was presented to the electors of each colony. After one failed attempt, an amended draft was submitted to the electors of each colony except [[Western Australia]]. After ratification by the five colonies, the Bill was presented to the [[British Imperial Parliament]] with an Address requesting [[Queen Victoria]] to enact the Bill.

Prior to the bill's enactment, a final change was made after lobbying by the colonial Chief Justices. This change established a right to appeal from the [[High Court of Australia|High Court]] to the [[Privy Council]]. After the change, the 'Commonwealth of Australia Constitution Act' was passed by the British Parliament in 1900. [[Western Australia]] then agreed to join the Commonwealth in order to ensure it would be an 'original state'. The Commonwealth of Australia was then officially established on 1 January 1901.

=== After federation ===
At federation, six British colonies became a single federated nation. Some British Imperial laws remained in force, together with those of the Australian legislatures; although, according to [[Robert Menzies]], "the real and administrative legislative independence of Australia (was) never challenged" after the creation of the Commonwealth.<ref>{{cite news|last=Menzies|first=Robert|date=25 August 1937|title=Statute of Westminster Adoption Bill 1937: Second Reading|publisher=Hansard – Parliament of Australia|url=https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=HANSARD80;id=hansard80%2Fhansardr80%2F1937-08-25%2F0051;query=Id%3A%22hansard80%2Fhansardr80%2F1937-08-25%2F0049%22}}</ref> The formal power of the British Imperial parliament to legislate with effect in Australia was restricted by the UK's passage in 1931 of the [[Statute of Westminster 1931|Statute of Westminster]], adopted into Australian law by the [[Statute of Westminster Adoption Act 1942]]. The adoption act acceded Australia to the Statute of Westminster retroactively, with the date set to 3 September 1939, when Australia along with the rest of the British Empire entered World War II.
[[File:Australia_Act_1986.jpg|thumb|260x260px|Photo of the ''Australia Act 1986'' (United Kingdom) document located in [[Parliament House, Canberra]]]]
Australia arguably did not achieve full, ''de jure'' independence from the UK until 1986, with the passage of the [[Australia Act 1986|Australia Act]]. That act formally ended the UK parliament's ability to legislate over Australian states, and also abolished all appeals from [[Australian court hierarchy|Australian courts]] to the [[Judicial Committee of the Privy Council|Privy Council]].

In 1988, the original copy of the Commonwealth of Australia Constitution Act 1900 from the [[Public Record Office]] in London was lent to Australia for the purposes of the [[Australian Bicentenary]]. The Australian government requested permission to keep the copy, and the British Parliament agreed by passing the [[Australian Constitution (Public Record Copy) Act 1990]]. The copy was given to the [[National Archives of Australia]]. A curiosity of the document's history is that the act remains in force as a statute of the UK in its original form,<ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.uk/ukpga/Vict/63-64/12/contents/enacted|access-date=11 July 2020|website=legislation.gov.uk}}</ref> while in Australia it has force with the constitutional amendments made by referendum (its preamble and the covering clauses have never been amended).<ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.au/Details/C2013Q00005|access-date=11 July 2020 |website=[[Federal Register of Legislation]]}}</ref> Australian High Court judges have discussed in ''[[Obiter dictum|obiter]]'' that the constitution's source of lawful authority may no longer reside in the imperial parliament, but may instead now derive its lawful authority from the Australian people.<ref name=":1">{{Cite book|last=Saunders|first=Cheryl|title=The Constitution of Australia - A Contextual Analysis|publisher=Hart Publishing|year=2010|isbn=9781841137346}}</ref>

Following the [[2017–18 Australian parliamentary eligibility crisis]], there was discussion of whether to retain or replace the current constitution.<ref>{{cite news|date=17 August 2017|title=The constitution is broken and out of date — we should abolish it and start again|language=en-AU|work=www.abc.net.au|url=https://www.abc.net.au/news/2017-08-18/abolish-the-constitution-and-start-again/8816488|access-date=1 October 2020}}</ref><ref>{{cite news|date=27 November 2017|title=Principles for a new Australian Constitution|work=The Mandarin|url=https://www.themandarin.com.au/86529-principles-new-australian-constitution/}}</ref> Former Prime Minister [[Bob Hawke]] advocated for getting "rid of the constitution we've got", and replacing the constitution with a system that does not include states.<ref>{{cite news|date=16 August 2017|title=Howard, Hawke criticise career politicians 'with no life experience'|language=en-AU|work=www.abc.net.au|url=https://www.abc.net.au/news/2017-08-17/john-howard-and-bob-hawke-criticise-career-politicians/8814572|access-date=1 October 2020}}</ref>

====Commemoration====
Constitution Day is celebrated on 9 July,<ref>{{cite web|title=Constitution Day|url=http://www.naa.gov.au/visit-us/events/constitution-day/index.aspx|url-status=live|archive-url=https://web.archive.org/web/20140222000500/http://naa.gov.au/visit-us/events/constitution-day/index.aspx|archive-date=22 February 2014|publisher=[[National Archives of Australia]]}}</ref> the date the constitution became law in 1900. The date is not a public holiday. Constitution Day was first held on 9 July 2000 to mark the centenary of the constitution in the lead up to the [[Federation of Australia|Centenary of Federation]]. Further events have not been widely held since 2001. The day was revived in 2007 and is jointly organised by the [[National Archives of Australia|National Archives]] and the [[Department of Immigration and Citizenship (Australia)|Department of Immigration and Citizenship]].<ref>{{cite web|date=9 July 2008|title=Constitution Day Celebrations|url=http://www.alp.org.au/media/0708/mssms090.php|url-status=dead|archive-url=https://web.archive.org/web/20080719045242/http://www.alp.org.au/media/0708/mssms090.php|archive-date=19 July 2008}}</ref>

== Document structure and text ==
[[File:Commonwealth_of_Australia_Constitution_Act_(The_Constitution)_as_at_2013.pdf|thumb|The constitution as amended]]

=== Covering clauses ===
The ''Commonwealth of Australia Constitution Act 1900'' (Imp) consists of nine sections. Section 9 contains the constitution. Since the constitution itself is divided into "sections", sections 1 to 8 of the Act have come to be known for convenience as the "covering clauses". The second covering clause is interpretive, specifying that throughout the Act references to "the Queen" are (in effect) references to whoever is the monarch in the UK. In this period, "the Crown" was considered to be the same entity everywhere in the British Empire. Although that is no longer assumed, the rules of succession remain almost unchanged.

=== Main document ===
The constitution is divided into eight chapters, collectively containing 128 sections. The first three chapters state the respective powers of the legislature, executive, and judiciary. This split into three chapters has been interpreted by the High Court as giving rise to a substantive separation of powers doctrine in Australia.<ref>{{cite journal|last=Spry|first=Max|year=1995–96|title=The Executive Power of the commonwealth: its scope and limits|url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp28|url-status=live|series=Research Paper 28 Last reviewed 19 July 2004 by the Parliamentary Library Web Manager|archive-url=https://web.archive.org/web/20160308015006/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp28|archive-date=8 March 2016}}</ref>

[[Chapter I of the Constitution of Australia|'''Chapter I: The Parliament''']] sets up the legislative branch of government. Its constituent parts are stated to be the [[Monarchy of Australia|Sovereign]] (represented by the [[Governor-General of Australia|Governor-General]]), the [[Australian Senate|Senate]], and the [[Australian House of Representatives|House of Representatives]]. It provides for the number of representatives to attend each body, and provides that the representatives attending both must be chosen directly by the electorate. Each electorate of the house of representatives is to be apportioned equally by population, whereas senators are allocated unevenly between "original states", the territories, and future states (of which none presently exist). The house of representatives is required to have twice as many members as the senate. Chapter I also defines the role of the monarch in relation to the legislature, although the monarch's own powers over legislation are now regarded as defunct.

The chapter notably also provides for the powers of the Commonwealth parliament. The parliament is not granted [[plenary power]] by the constitution. [[Section 51 of the Australian Constitution|Section 51]] contains a list of enumerated topics that the Commonwealth parliament is permitted to legislate upon. States may also legislate upon these topics, but [[Section 109 of the Australian Constitution|Commonwealth law prevails]] in the event of inconsistency between the laws. Section 52 contains a brief list of topics that only the Commonwealth may legislate upon. Some relevant powers of the Governor-General are provided here: to summon, prorogue or dissolve the federal parliament, and to give or refuse royal assent to federal bills.

Other matters dealt within the chapter include eligibility issues for voting or standing in elections; and miscellaneous matters regarding parliamentary procedures and allowances.

[[Chapter II of the Constitution of Australia|'''Chapter II: The Executive Government''']] sets up the executive branch. Executive power is stated to be exercised by the [[Governor-General of Australia|Governor-General]], who appoints a [[Federal Executive Council (Australia)|Federal Executive Council]] and is to act "with" its advice. The Governor-General is empowered to appoint and dismiss ministers, and is the ceremonial commander-in-chief of the Australian armed forces. This colonial model differs substantially from the reality, which since Federation has followed [[Constitutional convention (political custom)#Australia|constitutional convention]] drawn from the United Kingdom.{{cn|date=August 2021}} By convention, almost all executive authority is exercised by a [[Prime Minister of Australia|prime minister]] and a [[Cabinet of Australia|cabinet]].{{cn|date=August 2021}}.

[[File:High_Court_of_Australia_(6769096715).jpg|alt=|thumb|Chapter III establishes [[The High Court of Australia|the High Court]] as Australia's apex court]]
[[Chapter III Court|'''Chapter III: The Judicature''']] sets up the judicial branch. Commonwealth judicial power is vested in a federal supreme court to be called the High Court of Australia. The parliament is authorised to create federal courts, and to vest the exercise of federal judicial power within the courts of the states. Section 74 (now defunct) provides for the circumstances in which an appeal may be made to the [[Judicial Committee of the Privy Council|Queen in Council]], section 75 provides for the High Court's jurisdiction, and section 80 guarantees trial by jury for [[indictable offence]]s against the Commonwealth.

[[Chapter IV of the Constitution of Australia|'''Chapter IV: Finance and Trade''']] deals with commercial matters within the federation. Section 81 prescribes all Commonwealth revenue to a [[Consolidated Revenue Fund#Australia|Consolidated Revenue Fund]], and s90 gives the Commonwealth exclusive power over custom and excise duties. [[Section 51(i) of the Australian Constitution#Section 92 of the Constitution|Section 92]] is notable for prescribing 'absolutely free' trade and commerce between the states. Section 96 allows the Commonwealth to make grants on terms determined by Parliament. Section 101 sets up an [[Inter-State Commission]], now defunct.

[[Chapter V of the Constitution of Australia|'''Chapter V: The States''']] contains provisions dealing with the states and their role in the federal system. Sections 106-108 preserve the powers of the states, section 109 provides that Commonwealth legislation prevails over that of a state to the extent of any inconsistency. Section 111 provides for surrender of state territory to the Commonwealth, section 114 forbids states to raise military forces without Commonwealth permission, and also forbids the Commonwealth to tax property of a state government and the reverse. Section 116 forbids the Commonwealth to establish a national religion, to impose any religious observance or prohibit the free exercise of any religion, or to impose a religious test for office.

[[Chapter VI of the Constitution of Australia|'''Chapter VI: New States''']] allows for the establishment or admission of new states, and allows parliament to provide for representation of the territories. It also provides that state boundaries must require the consent of a state before alteration by referendum.

'''Chapter VII: Miscellaneous''' contains provisions on varied topics. Section 125 establishes Melbourne as the nation's temporary capital, while providing for the eventual capital to be established within [[New South Wales]] but no less than {{convert|100|mi|km|spell=in}} from [[Sydney]]. In 1911 New South Wales ceded to the Commonwealth what is now the [[Australian Capital Territory]]. [[Canberra]], built within it, was declared the national capital in 1913. Section 126 permits the Governor-General to appoint deputies.

[[Section 127 of the Australian Constitution|Section 127]] provided that "aboriginal natives" were not to be included in headcounts for electoral purposes. That section was [[Australian referendum, 1967 (Aboriginals)|removed by referendum]] in 1967.<ref>{{cite web|last=Korff|first=Jens|date=8 October 2014|title=Australian 1967 Referendum|url=https://www.creativespirits.info/aboriginalculture/history/australian-1967-referendum|access-date=9 November 2016|website=creativespirits.info}}</ref>

[[Chapter VIII of the Constitution of Australia|'''Chapter VIII: Alteration of the Constitution''']] is a single section providing for amendments. It prescribes that alterations may only occur through a referendum bill being approved at a national referendum. A national referendum under this section requires a 'double majority' to be valid, which consists of a majority return of electors nationally, and a majority return in a majority of states.

===Schedule===
{{See also|Oath of Allegiance (Australia)}}The constitution also contains a schedule setting out the wording of the oath and affirmation of allegiance.<ref name="sch 12">''Constitution (Cth)'' [http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/sch1.html Schedule 1 Oath].</ref> By convention, the Governor-General and members of parliament are required to swear an oath or affirmation of allegiance before taking office.

The oath reads:
{{quote|I, (name), do swear that I will well and truly serve His Majesty King Charles the Third, His heirs and successors according to law, in the office of Governor-General of the Commonwealth of Australia, and I will do right to all manner of people after the laws and usages of the Commonwealth of Australia, without fear or favour, affection or ill will. So help me God!<ref>{{cite web |url=http://www.gg.gov.au/oath-office |title=Oath of Office |publisher=Office of the Official Secretary to the Governor-General |access-date=15 January 2018 |archive-url=https://web.archive.org/web/20140126092551/http://www.gg.gov.au/oath-office |archive-date=26 January 2014 |url-status=dead }}</ref>}}
By convention the [[Oath of office|oath or affirmation of office]] made by a prime minister, ministers and parliamentary secretaries when entering office is not that contained within this schedule. Rather, it is determined by the prime minister of the day, and administered to them by the Governor-General. This convention has been in place since 1901.<ref>{{cite web|title=Oaths and affirmations made by the executive and members of federal parliament since 1901|url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/OathsAffirmations#_Toc358025341|url-status=live|archive-url=https://web.archive.org/web/20160307144419/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/OathsAffirmations|archive-date=7 March 2016|publisher=Parliamentary Library, Department of Parliamentary Services}}</ref>

== Unwritten conventions ==
[[Constitutional convention (political custom)|Constitutional conventions]] are an important part of the Australian constitution. Despite being unwritten, they are understood to be incorporated within the document.{{NoteTag|This has been mentioned multiple times by the [[High Court of Australia]].}}

The conventions primarily derive from the unwritten parliamentary conventions within the [[Westminster system]] of [[responsible government]].

Some notable conventions include the existence of the [[Prime Minister of Australia]], as head of cabinet in council. Another is that the Governor-General by convention acts on the advice of the Prime Minister.

[[Advice (constitutional)|Advice]] to the Governor-General is given by the prime minister and, also by convention, the prime minister's advice is ordinarily to be followed. There may, however, be circumstances in which a Governor-General has to act, or may choose to act, without or against prime ministerial advice. These include a situation where, following a general election, no party has an overall majority in the House of Representatives, so that the Governor-General has to choose a prime minister without a prime minister to give advice. Such discretions are known as the Governor-General's "reserve powers",{{NoteTag|Not to be confused with "reserved powers" of the states.}} but it is uncertain what they include and it remains highly controversial that [[1975 Australian constitutional crisis|in 1975 a Governor-General dismissed]] a prime minister who, in the Governor-General's opinion, was unable to obtain supply.<ref>{{cite book |editor-last = Gerangelos |editor-first = George A. |title = Winterton's Australian Federal Constitutional Law |year=2017 |edition=4th |publisher = Thomson Reuters |location = Pyrmont, NSW |isbn = 978-0-45523-972-9 |page=236 }}</ref><ref>{{cite book |last1=Williams |first1=George |author1-link = George Williams (lawyer) |last2= Brennan |first2=Sean |last3 = Lynch |first3=Andrew |title = Blackshield and Williams Australian Constitutional Law and Theory |year=2018 |edition=7th |publisher = Federation Press |location = Annandale, NSW |isbn=978-1-76002-151-1 |pages=<!--in 6th edn, pages 357-365 of 10.14-16-->}}</ref>

=== Unwritten conventions during the dismissal ===
The nature of constitutional conventions gave rise to controversy during [[1975 Australian constitutional crisis|the dismissal]] of the [[Whitlam Government]] in 1975. In that episode, the Governor-General Sir [[John Kerr (Governor-General)|John Kerr]] dismissed the Labor Prime Minister [[Gough Whitlam]], and appointed the Liberal opposition leader [[Malcolm Fraser]] as caretaker Prime Minister pending the 1975 general election. Multiple conventions were broken during the dismissal including:

* The convention that, in the event of a Senate vacancy, the state government would nominate a replacement from the same political party. This convention was broken by the [[Tom Lewis (Australian politician)|Lewis]] government of [[New South Wales]].<ref name="Whitlam2">Gough Whitlam. ''The Truth of the Matter''. Penguin. 1979 (Reprint: Melbourne University Press. 2005.)</ref> Notably, this unwritten convention was later formally incorporated into the written constitution via [[Australian referendum, 1977 (Senate Casual Vacancies)|national referendum in 1977]].<ref>{{cite web |title = Reflections from the Seventies (transcript) |url = http://www.abc.net.au/4corners/stories/s350401.htm |url-status=dead |archive-url = https://web.archive.org/web/20090109202212/http://www.abc.net.au/4corners/stories/s350401.htm |archive-date = 9 January 2009 |access-date = 13 January 2010 |publisher=[[ABC Television (Australian TV network)|ABC TV]] [[Four Corners (Australian TV program)|Four Corners]]}}</ref>
* The convention that a Prime Minister who cannot obtain supply must first either request that the governor general call a general election, or resign. Gough Whitlam broke this convention by refusing to call an election after the Senate's block of supply.<ref>{{cite web |date = 11 November 1975 |title = Sir John Kerr's Statement of Reasons |url = http://whitlamdismissal.com/1975/11/11/kerr-statement-of-reasons.html |url-status=live |archive-url = https://web.archive.org/web/20160416042105/http://whitlamdismissal.com/1975/11/11/kerr-statement-of-reasons.html |archive-date = 16 April 2016 }}</ref>

==Interpretation==
{{Further|Australian constitutional law}}
The High Court is primarily responsible for interpreting the constitution. The legal doctrines historically applied by the court its process have varied. Some such doctrines have included the '[[Separation of powers in Australia|separation of powers]]', '[[Intergovernmental immunity (Australia)|intergovernmental immunities]]', and '[[Reserved powers doctrine|reserved state powers]]'.

While the document does not include a bill of rights, some rights and/or restrictions are expressly stated. Among these are the [[Section 80 of the Constitution of Australia|section 80 right to trial by jury for indictable offences]], the [[Section 51(xxxi) of the Constitution of Australia|section 51(xxxi) right to just compensation]], and the [[Section 117 of the Constitution of Australia|section 117 right against discrimination based on state residence]]. [[Section 116 of the Constitution of Australia|Section 116]], which limits Commonwealth legislative power concerning religion, indirectly provides individuals with rights of religious observance and other exercise of religion, and freedom from religious tests for office.

The High Court has also read a number of important legal implications into the document. One of these is the '[[Australian constitutional law#Freedom of political communication|freedom of political communication]]', the other is a [[Roach v Electoral Commissioner|freedom of interference from voting in]] elections. Both doctrines are born of the section 7 and section 24 requirements that representatives in Australia's houses of parliament be 'directly chosen by the people'.<ref>{{Cite AustLII|HCA|43|2007|litigants=[[Roach v Electoral Commissioner]]|parallelcite=(2007) [[Commonwealth Law Reports|CLR]] 162}}.</ref><ref>{{Cite AustLII|HCA|25|1997|litigants=[[Lange v Australian Broadcasting Corporation]]|parallelcite=189 [[Commonwealth Law Reports|CLR]] 520}}.</ref> These implications, which limit Commonwealth legislative power, have been characterised as 'freedoms' or 'guarantees' by members of the High Court, and the court has been wary of describing them as 'implied rights' or 'implied constitutional rights'.<ref name=":0">{{Cite web|title=Stone, Adrienne --- "Rights, Personal Rights and freedoms: The Nature of the Freedom of Political Communication" [2001] UMelbLRS 1|url=http://www.austlii.edu.au/au/journals/UMelbLRS/2001/1.html|access-date=2020-08-29|website=www.austlii.edu.au}}</ref> [[Adrienne Stone|Some scholars]] have argued that the High Court's purported distinction between a 'right' versus a 'freedom' is misleading and/or little more than semantic, but it is still used by the court.<ref name=":0" />

While the incumbent monarch is [[Charles III|King Charles III]],<ref>The effect of ''Commonwealth of Australia Constitution Act 1900'', section (covering clause) 2.</ref> his capacity as king of Australia is separate to his capacities as monarch to other nations.<ref name="HOZ">''R v Foreign Secretary; Ex parte Indian Association'' [1982] [[Queen's Bench Law Reports|QB]] 892 at 928; approved by the High Court of Australia in {{cite AustLII|HCA|30|1999|litigants=[[Sue v Hill]]|parallelcite=199 [[Commonwealth Law Reports|CLR]] 462|pinpoint=[57]}}.</ref>

== Alterations to the constitution ==

=== Historical referendums and amendments ===
{{Main|Referendums in Australia|Category:Amendments to the Constitution of Australia}}
Amendment to the constitution requires a [[referendum]] in which the amending act is approved by a majority in at least four states, as well as a nationwide majority.

Forty-four proposals to amend the constitution have been voted on at referendums, only eight of which have been approved. The eight proposals that have achieved approval are:

* [[1906 Australian referendum|1906]] – [[1906 Australian referendum|Senate Elections]]{{spaced ndash}}amended section 13 to slightly alter the length and dates of senators' terms of office.
* [[1910 Australian referendum|1910]] – [[Australian referendum, 1910 (State Debts)|State Debts]]{{spaced ndash}}amended section 105 to extend the power of the Commonwealth to take over pre-existing state debts, to debts incurred by a state at any time.
* [[1928 Australian referendum|1928]] – [[1928 Australian referendum|State Debts]]{{spaced ndash}}inserted section 105A to ensure the constitutional validity of the financial agreement reached between the Commonwealth and state governments in 1927.
* [[1946 Australian referendum|1946]] – [[Australian referendum, 1946 (Social Services)|Social Services]]{{spaced ndash}}inserted section 51 (xxiiiA) to extend the power of the Commonwealth over a range of social services.
* [[1967 Australian referendum|1967]] – [[1967 Australian referendum (Aboriginals)|Aboriginal Australians]]{{spaced ndash}}amended section 51 (xxvi) to extend the powers of the Commonwealth to [[Indigenous Australians]] in states; repealed [[section 127 of the Constitution of Australia|section 127]] preventing the inclusion of all Indigenous Australians in population counts for constitutional purposes.
* [[1977 Australian referendum|1977]] – Three amendments: First to ensure [[Australian referendum, 1977 (Senate Casual Vacancies)|Senate casual vacancies]] be filled by a member of the same political party; [[1977 Australian referendum (Referendums)|Second]] to allow residents of Australian [[States and territories of Australia|territories]] to vote in referendums; [[1977 Australian referendum (Retirement of Judges)|Third]] to mandate a retirement age of 70 for judges in [[Judiciary of Australia|federal courts]].

=== Existing major amendment proposals ===
Multiple ongoing debates exist regarding changes to the Australian constitution. These include debates on the inclusion of a preamble, proposals for an Australian republic, and addition of a formal recognition and/or Indigenous 'voice' to the document.

==== Inclusion of a preamble ====
{{Main|Australian referendum, 1999 (Preamble)}}
The Australian constitution does not itself contain a [[preamble]], although an [[List of enacting formulae|enacting formula]] prefaces the document as passed in the UK Parliament.

Proposals to include a preamble have been controversial, one argument being that the inclusion of a preamble could affect the High Court's interpretations of other provisions within the document.

In 1999, a proposed preamble principally authored by the then [[Prime Minister of Australia|Prime Minister]] [[John Howard]] was defeated in a referendum concurrent to that on a proposal to become a [[1999 Australian republic referendum|republic]].

====Republic proposals====
{{Main|Republicanism in Australia}}
Debates on whether Australian should become a republic have existed since Federation.

In November 1999 a referendum was held as to whether the Queen and the Governor-General ought be removed from the constitution, to be replaced with a President. The referendum failed to carry.

====Indigenous recognition and voice====
{{Main|Constitutional recognition of Indigenous Australians}}
Since 1910, there have been calls for constitutional reform to recognise Indigenous Australians.<ref>{{cite book |author1=Expert Panel on Constitutional Recognition of Indigenous Australians |title=Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution : Report of the Expert Panel |date=2012 |publisher=Commonwealth of Australia |location=Canberra |isbn=9781921975295|url=https://antar.org.au/sites/default/files/expert_panel_report_.pdf |access-date=15 September 2020 |chapter=1.7 Early voices for change|page=28–31}}</ref> In 1967, the constitution was amended providing the Commonwealth with the power to legislate for all Indigenous Australians by removing the restriction preventing the Commonwealth from legislating in states.<ref>{{cite book |author1=Expert Panel on Constitutional Recognition of Indigenous Australians |title=Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution : Report of the Expert Panel |date=2012 |publisher=Commonwealth of Australia |location=Canberra |isbn=9781921975295|url=https://antar.org.au/sites/default/files/expert_panel_report_.pdf |access-date=15 September 2020 |chapter=1.8 The 1967 referendum |page=31}}</ref> At the same time, a limitation on including all Indigenous Australians in population counts for constitutional purposes was removed, which in 1967 was relevant only to section 24.{{sfn|Sawer|1966|p=25-26,30}}{{sfn|Arcioni|2012|p=300-301}} Since those reforms, other proposals have emerged. Guaranteed parliamentary representatives, a constitutionally recognised voice, and an inclusion of Indigenous Australians in a preamble to the constitution; are all proposals that have been made to reform the Australian constitution to recognise Indigenous Australians.

In his [[Closing the Gap]] speech in February 2020, Prime Minister [[Scott Morrison|Morrison]] reinforced the work of the Referendum Council, rejecting the idea of merely symbolic recognition, supporting a voice co-designed by Aboriginal and Torres Strait Islander people, "using the language of listening and empowerment". The Labor Party has supported a voice enshrined in the constitution for a long time, and so have many of Australia's left-leaning minor parties.<ref name="Davis 20202">{{cite web|last=Davis|first=Megan|date=17 February 2020|title=Constitutional recognition for Indigenous Australians must involve structural change, not mere symbolism|url=http://theconversation.com/constitutional-recognition-for-indigenous-australians-must-involve-structural-change-not-mere-symbolism-131751|access-date=20 July 2020|website=The Conversation}}</ref>

==See also==
{{Portal|Australia|Law}}
*''[[Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013]]'' [[Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013|(South Australia)]]
* [[Constitutional economics]]
* [[Constitutionalism]]
* [[Indigenous treaties in Australia]]
* [[Process model (Australia)]]
* [[Secessionism in Western Australia]]
* [[State constitution (Australia)]]

== Notes ==
{{NoteFoot}}

== References ==
=== Citations ===
{{Reflist}}

=== Sources ===
; [[Primary sources]]
{{refbegin}}
* {{cite web |title = ''Australia Act'' 1986 (Cth) |url = https://www.legislation.gov.au/Details/C2004A03181 |website = [[Federal Register of Legislation]] |access-date = 9 August 2019 |language = en-AU }}
* {{cite web |title = ''Australia Act'' 1986 (UK) |url = http://www.legislation.gov.uk/ukpga/1986/2 |website = [[legislation.gov.uk]] |access-date = 9 August 2019 |language = en-GB }}
* {{cite web |title = ''Australia (Request and Consent) Act'' 1985 (Cth) |url = https://www.legislation.gov.au/Details/C2004A03182 |website=[[Federal Register of Legislation]] |access-date = 14 January 2020 |language = en-AU }}
* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (NSW) |url = https://www.legislation.nsw.gov.au/#/view/act/1985/109/full |website = legislation.nsw.gov.au |access-date = 14 January 2020 |language = en-AU }}
* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Qld) |url = https://www.legislation.qld.gov.au/view/html/repealed/current/act-1985-069#Act-1985-069 |website = legislation.qld.gov.au |access-date = 14 January 2020 |language = en-AU }}
* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (SA) |url = https://www.legislation.sa.gov.au/LZ/C/A/AUSTRALIA%20ACTS%20(REQUEST)%20ACT%201985.aspx |website = legislation.sa.gov.au |access-date = 14 January 2020 |language = en-AU }}
* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Tas) |url = https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1985-099 |website = legislation.tas.gov.au |access-date = 14 January 2020 |language = en-AU }}
* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Vic) |url = http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt7.nsf/DDE300B846EED9C7CA257616000A3571/665C6AE5BAC2A999CA257A51007FCDFA/$FILE/85-10203aa003%20authorised.pdf |website = legislation.vic.gov.au |access-date = 14 January 2020 |language = en-AU }}
* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (WA) |url = https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a58.html |website = legislation.wa.gov.au |access-date = 14 January 2020 |language = en-AU }}
* {{cite web |title = ''Statute of Westminster Adoption Act'' 1942 |url = https://www.legislation.gov.au/Details/C2004C00661 |website = [[Federal Register of Legislation]] |access-date = 19 January 2020 |language = en-AU }}
* {{cite web |title = ''Statute of Westminster'' 1931 (Imp) |url = http://www.legislation.gov.uk/ukpga/Geo5/22-23/4 |website = legislation.gov.uk |access-date = 21 January 2020 |language = en-GB }}
* {{cite web |title = ''Commonwealth of Australia Constitution Act'' (The Constitution) (Cth) |url = https://www.legislation.gov.au/Details/C2013Q00005 |website = [[Federal Register of Legislation]] |access-date = 21 January 2020 |language = en-AU }}
* {{cite web |title = ''Commonwealth of Australia Constitution Act'' 1900 (Imp) |url = http://www.legislation.gov.uk/ukpga/Vict/63-64/12/enacted |website = legislation.gov.uk |access-date = 21 January 2020 |language = en-GB }}
* {{cite web |title = ''The Constitution together with Proclamation Declaring the Establishment of the Commonwealth, Letters Patent Relating to the Office of Governor‑General, Statute of Westminster Adoption Act 1942, Australia Act 1986 with Overview, Notes and Index'' (Cth) |url = https://www.legislation.gov.au/Details/C2005Q00193 |website = [[Federal Register of Legislation]] |access-date = 21 January 2020 |language = en-AU }}
{{refend}}

; [[Secondary sources]]
{{refbegin}}
* {{cite journal |last = Arcioni |first = Elisa |title = Excluding Indigenous Australians from 'The People': A Reconsideration of Sections 25 and 127 of the Constitution |journal = Federal Law Review |year = 2012 |volume=40 |issue=3 |pages=287–315 |publisher = Australian National University |location = Canberra, ACT |doi = 10.22145/flr.40.3.1 |s2cid = 210774854 |issn = 1444-6928 |url = http://classic.austlii.edu.au/au/journals/FedLawRw/2012/12.html |access-date = 3 August 2020 }}
* {{cite book |editor-last = Gerangelos |editor-first = George A. |title = Winterton's Australian Federal Constitutional Law |year=2017 |edition=4th |publisher=Thomson Reuters |location = Pyrmont, NSW |isbn=978-0-45523-972-9 }}
* {{cite journal |last = Lindell |first = G. J. |title = Why is Australia's Constitution Binding? - The Reason in 1900 and Now, and the Effect of Independence |url = http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/FedLRev/1986/2.html |year=1986 |volume=16 |journal = Federal Law Review |pages=29–49 |doi = 10.1177/0067205X8601600102 |s2cid = 159157171 |access-date = 21 January 2020 }}
* {{cite book |last=Parkinson |first=Patrick |title = Tradition and Change in Australian Law |year =2012 |edition=5th |publisher=Thomson Reuters |location = Sydney, NSW |isbn=978-0-45523-079-5 }}
* {{cite book |author1=Quick, John |author2=Garran, Robert |name-list-style=amp | title = The Annotated Constitution of the Australian Commonwealth |url = https://archive.org/details/annotatedconstit00quicuoft |publisher = [[Angus & Robertson]] |year = 1901 |location = Sydney, NSW |isbn = 0-9596568-0-4 }}
* {{cite journal |last = Sawer |first = Geoffrey |title = The Australian Constitution and the Australian Aborigines |journal = Federal Law Review |year = 1966 |volume=2 |issue=1 |pages=17–36 |publisher= [[Australian National University]] |location = Canberra, ACT |doi = 10.1177/0067205X6600200102 |s2cid=159414135 |issn=1444-6928 |url = http://classic.austlii.edu.au/au/journals/FedLawRw/1967/2.pdf |access-date = 3 August 2020 }}
* {{cite book |last1=Williams |first1=George |author1-link = George Williams (lawyer) |last2= Brennan |first2=Sean |last3= Lynch |first3=Andrew |title = Blackshield and Williams Australian Constitutional Law and Theory |year=2018 |edition=7th |publisher = Federation Press |location = Annandale, NSW |isbn=978-1-76002-151-1 }}
{{refend}}

==Further reading==
*{{cite book |title=A New Constitution for Australia |last=Harris |first=Bede |year=2013 |publisher=Routledge |isbn=978-1135315931 |page=174 |url=https://books.google.com/books?id=VWeOAgAAQBAJ}}
*{{cite book|url=https://global.oup.com/academic/product/the-oxford-handbook-of-the-australian-constitution-9780198738435?cc=au&lang=en&|editor1-last=Saunders|editor1-first=Cheryl|editor2-last=Stone|editor2-first=Adrienne|title=The Oxford Handbook of the Australian Constitution|location=Oxford|publisher=Oxford U.P.|year=2018|isbn=9780198738435}}

==External links==
{{Wikisource|Commonwealth of Australia Constitution Act}}
* [https://www.legislation.gov.au/Details/C2013Q00005 Full text of the Constitution of Australia] with all amendments, from the [[Federal Register of Legislation]]
* {{cite web|url= http://www.comlaw.gov.au/Details/C2005Q00193/0332ed71-e2d9-4451-b6d1-33ec4b570e9f |title=Full text download }}&nbsp;{{small|(525&nbsp;KB)}} from the Federal Register of Legislation – ''The Constitution as in force on 1 June 2003 together with proclamation declaring the establishment of the Commonwealth, letters patent relating to the Office of Governor-General, Statute of Westminster Adoption Act 1942, Australia Act 1986.'' {{ISBN|0-642-78285-7}}.
* {{UK-LEG|Commonwealth of Australia Constitution Act 1900 (c. 12)|path=ukpga/Vict/63-64/12}} The Commonwealth of Australia Constitution Act 1900 (UK) as a British statute; does not include amendments to the Constitution itself.
* [http://www.foundingdocs.gov.au/item-sdid-82.html Commonwealth of Australia Constitution Act, 1900]. Entry on the origins, development, structure and evolution of the Australian constitution at [http://www.foundingdocs.gov.au/ Documenting a Democracy].
* [http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution Full text (HTML) file of the Constitution]. From the [http://www.aph.gov.au/ Parliament of Australia web site].
* Royal Commission of Assent signed by Queen Victoria which enacted the Constitution; see these web pages: [https://web.archive.org/web/20131111152456/http://www.naa.gov.au/visit-us/exhibitions/federation-gallery/commission-assent.aspx National Archives of Australia] and [http://foundingdocs.gov.au/item-sdid-83.html Documenting a Democracy].
* [https://web.archive.org/web/20130603055610/http://www.mq.edu.au/about_us/faculties_and_departments/faculty_of_arts/mhpir/politics_and_international_relations/staff/john_kilcullen/a_first_reading_of_the_australian_constitution/ A First Reading Of The Australian Constitution] – side-by-side commentary notes by John Kilcullen, Macquarie University, 2004
* [https://web.archive.org/web/20091019232631/http://www.ausconstitution.info/ConComm88/start.shtml Final Report of the Constitutional Commission Summary: 1988]
*[http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Records_of_the_Australasian_Federal_Conventions_of_the_1890s Records of the Australasian Federal Conventions of the 1890s]

{{Constitution of Australia|state=expanded}}
{{Navboxes|list=
{{Politics of Australia}}
{{Australia topics}}
{{Oceania in topic|Constitution of}}
}}

{{DEFAULTSORT:Constitution Of Australia}}
[[Category:Constitution of Australia| ]]
[[Category:1900 in Australian law]]
[[Category:Australian constitutional law| ]]
[[Category:1975 Australian constitutional crisis]]
[[Category:1901 in Australian law]]
[[Category:1901 in politics]]

Action parameters

VariableValue
Edit count of the user (user_editcount)
null
Name of the user account (user_name)
'165.228.107.190'
Age of the user account (user_age)
0
Groups (including implicit) the user is in (user_groups)
[ 0 => '*' ]
Rights that the user has (user_rights)
[ 0 => 'createaccount', 1 => 'read', 2 => 'edit', 3 => 'createtalk', 4 => 'writeapi', 5 => 'viewmywatchlist', 6 => 'editmywatchlist', 7 => 'viewmyprivateinfo', 8 => 'editmyprivateinfo', 9 => 'editmyoptions', 10 => 'abusefilter-log-detail', 11 => 'urlshortener-create-url', 12 => 'centralauth-merge', 13 => 'abusefilter-view', 14 => 'abusefilter-log', 15 => 'vipsscaler-test' ]
Whether the user is editing from mobile app (user_app)
false
Whether or not a user is editing through the mobile interface (user_mobile)
false
Page ID (page_id)
18579518
Page namespace (page_namespace)
0
Page title without namespace (page_title)
'Constitution of Australia'
Full page title (page_prefixedtitle)
'Constitution of Australia'
Edit protection level of the page (page_restrictions_edit)
[]
Last ten users to contribute to the page (page_recent_contributors)
[ 0 => 'Jack4576', 1 => 'Find bruce', 2 => '120.18.5.77', 3 => 'ToastGuard', 4 => '103.79.172.197', 5 => '2A05:87C6:89D:0:A999:43A8:BACB:C871', 6 => 'ITBF', 7 => 'Antandrus', 8 => 'Lcodyh803', 9 => '120.29.242.107' ]
Page age in seconds (page_age)
622002131
Action (action)
'edit'
Edit summary/reason (summary)
''
Old content model (old_content_model)
'wikitext'
New content model (new_content_model)
'wikitext'
Old page wikitext, before the edit (old_wikitext)
'{{Short description|Federal constitution of 1900}} {{Use Australian English|date=July 2016}} {{Use dmy dates|date=September 2020}} {{Infobox constitution | document_name = Commonwealth of Australia Constitution | image = Constitution of Australia.jpg | orig_lang_code = en | title_orig =Commonwealth of Australia Constitution Act 1900 (UK), s. 9 | jurisdiction = [[Australia]] | date_ratified = {{start date|1900|7|6|df=y}} | date_effective = {{start date|1901|1|1|df=y}} | system = [[Federal Government]] | branches = {{plainlist| * [[Australian Government|Executive]] * [[Parliament of Australia|Legislative]] * [[Judiciary of Australia|Judicial]]}} | chambers = {{plainlist| * [[House of Representatives (Australia)|House of Representatives]] * [[Australian Senate|Senate]]}} | executive = ''See [[Australian Government]]'' | courts = ''See [[Judiciary of Australia]]'' | number_amendments = ''See [[Referendums in Australia]]'' | date_last_amended = ''See [[1977 Australian referendum (Retirement of Judges)]]'' | location_of_document = [[National Archives of Australia]] | writer = [[Constitutional Convention (Australia)|Constitutional Conventions, 1891 and 1897-98]] | signers = [[Queen Victoria]] | supersedes = [[Australian Colonies Government Act|Australian Colonies Government Act 1850]] | wikisource = Commonwealth of Australia Constitution Act}} The '''Constitution of Australia''' (or '''Australian Constitution''') is a [[written constitution|constitutional document]] that is [[Constitution|supreme law]] in [[Australia]]. It establishes Australia as a [[Federation of Australia|federation]] under a [[constitutional monarchy]] and outlines the structure and powers of the Australian government's three constituent parts, the [[Government of Australia|executive]], [[Parliament of Australia|legislature]], and [[Judiciary of Australia|judiciary]]. The constitution was drafted between 1891 and 1898, through a series of [[Constitutional Convention (Australia)|conventions]] conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a [[1898–1900 Australian constitutional referendums|set of referendums]] from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an [[Act of Parliament|act]] of the [[Parliament of the United Kingdom]]. The act was given [[royal assent]] on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901.<ref>{{cite web|url=https://www.legislation.gov.uk/ukpga/Vict/63-64/12/contents/enacted|title=Constitution of Australia Act 1900|website=legislation.gov.uk|access-date=11 July 2020}} The original text, as of 1900{{mdash}}still official in the UK.</ref><ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.au/Details/C2013Q00005|access-date=11 July 2020|website=[[Federal Register of Legislation]]}} The current text.</ref> The constitution gave the six colonies the status of [[States and territories of Australia|states]] within the new federation. [[Australian constitutional law]] has developed through the interpretation of the constitution by the [[High Court of Australia|High Court]]. As well as its textual provisions, the constitution is understood to incorporate various unwritten [[Constitutional convention (political custom)|constitutional conventions]] and ideas derived from the [[Westminster system]], one of which is [[responsible government]]. Although the 1900 act initially derived its legal authority from the UK Parliament, the present understanding of the High Court and some academics is that it now derives its legal authority from the Australian people.<ref>{{cite journal|last=Lindell|first=G. J.|year=1986|title=Why is Australia's Constitution Binding? - The Reason in 1900 and Now, and the Effect of Independence|url=http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/FedLRev/1986/2.html|journal=Federal Law Review|volume=16|page=29|doi=10.1177/0067205X8601600102|s2cid=159157171}}</ref> Other documents of constitutional significance to Australia include the [[Statute of Westminster 1931|Statute of Westminster]] and the ''[[Australia Act 1986]]''. The document may only be amended by [[Referendums in Australia|referendum]], through the procedure set out in [[Section 128 of the Constitution of Australia|section 128]]. Amendments require a "double majority" – a nationwide majority as well as a majority of voters in a majority of states. This has contributed to the low number of successful amendments; forty-four referendums have been held but only eight amendments have been passed, [[1977 Australian referendum|most recently in 1977]]. Ongoing debates exist regarding further proposals for amendment, notably including the inclusion of a preamble, the replacement of the [[Monarchy of Australia|monarchy]] with [[Republicanism in Australia|a republic]], and the addition of an [[Indigenous voice to government]]. ==History==<!--text has no footnotes--> {{Main|Constitutional history of Australia}} === Prior to federation === {{Main|Federation of Australia}} Political movements to federate the Australian colonies grew to prominence in the mid 19th century. Multiple motivations existed for increased political co-operation between the colonies; including a desire to regulate inter-colonial tariffs. Tensions existed however between the larger colonies and the smaller ones, and in the degree to which each colony embraced [[Protectionism|protectionist]] policies. Those tensions and the outbreak of the [[American Civil War]] harmed the political case for federalism in the 1850s and 60s. In 1889 the [[Federal Council of Australasia]] was established. It arose out of a fear of the growing presence of German and French colonies in the Pacific, and a growing Australian identity. The council could legislate on certain subjects but did not have a permanent secretariat, an executive, or independent source of revenue. Perhaps most problematically [[New South Wales]], the largest colony, did not join the body. A series of conferences to discuss federalism was promoted by the [[Premier of New South Wales]] [[Henry Parkes]]; the first held in 1890 at Melbourne, and another at Sydney in 1891. These conferences were attended by most colonial leaders. By the 1891 conference the federalist cause gained momentum. Discussion turned to what the proper system of federal government ought to be. A draft constitution was drawn up at the conference under the guidance of [[Sir Samuel Griffith]], however, these meetings lacked popular support. An additional problem was that this draft constitution sidestepped some critical issues like tariff policy. The 1891 draft was submitted to colonial parliaments, however it lapsed in New South Wales. After that event other colonies were unwilling to proceed. In 1895, the six premiers of the Australian colonies agreed to establish a new Convention by popular vote. The Convention met over the course of a year from 1897 to 1898. The meetings produced a new draft which contained substantially the same principles of government as the 1891 draft, but with added provisions for [[responsible government]]. Some delegates to the 1898 Constitutional Convention favoured a section similar to the Bill of Rights of the [[United States Constitution]], but this was decided against. To ensure popular support, the 1898 draft was presented to the electors of each colony. After one failed attempt, an amended draft was submitted to the electors of each colony except [[Western Australia]]. After ratification by the five colonies, the Bill was presented to the [[British Imperial Parliament]] with an Address requesting [[Queen Victoria]] to enact the Bill. Prior to the bill's enactment, a final change was made after lobbying by the colonial Chief Justices. This change established a right to appeal from the [[High Court of Australia|High Court]] to the [[Privy Council]]. After the change, the 'Commonwealth of Australia Constitution Act' was passed by the British Parliament in 1900. [[Western Australia]] then agreed to join the Commonwealth in order to ensure it would be an 'original state'. The Commonwealth of Australia was then officially established on 1 January 1901. === After federation === At federation, six British colonies became a single federated nation. Some British Imperial laws remained in force, together with those of the Australian legislatures; although, according to [[Robert Menzies]], "the real and administrative legislative independence of Australia (was) never challenged" after the creation of the Commonwealth.<ref>{{cite news|last=Menzies|first=Robert|date=25 August 1937|title=Statute of Westminster Adoption Bill 1937: Second Reading|publisher=Hansard – Parliament of Australia|url=https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=HANSARD80;id=hansard80%2Fhansardr80%2F1937-08-25%2F0051;query=Id%3A%22hansard80%2Fhansardr80%2F1937-08-25%2F0049%22}}</ref> The formal power of the British Imperial parliament to legislate with effect in Australia was restricted by the UK's passage in 1931 of the [[Statute of Westminster 1931|Statute of Westminster]], adopted into Australian law by the [[Statute of Westminster Adoption Act 1942]]. The adoption act acceded Australia to the Statute of Westminster retroactively, with the date set to 3 September 1939, when Australia along with the rest of the British Empire entered World War II. [[File:Australia_Act_1986.jpg|thumb|260x260px|Photo of the ''Australia Act 1986'' (United Kingdom) document located in [[Parliament House, Canberra]]]] Australia arguably did not achieve full, ''de jure'' independence from the UK until 1986, with the passage of the [[Australia Act 1986|Australia Act]]. That act formally ended the UK parliament's ability to legislate over Australian states, and also abolished all appeals from [[Australian court hierarchy|Australian courts]] to the [[Judicial Committee of the Privy Council|Privy Council]]. In 1988, the original copy of the Commonwealth of Australia Constitution Act 1900 from the [[Public Record Office]] in London was lent to Australia for the purposes of the [[Australian Bicentenary]]. The Australian government requested permission to keep the copy, and the British Parliament agreed by passing the [[Australian Constitution (Public Record Copy) Act 1990]]. The copy was given to the [[National Archives of Australia]]. A curiosity of the document's history is that the act remains in force as a statute of the UK in its original form,<ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.uk/ukpga/Vict/63-64/12/contents/enacted|access-date=11 July 2020|website=legislation.gov.uk}}</ref> while in Australia it has force with the constitutional amendments made by referendum (its preamble and the covering clauses have never been amended).<ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.au/Details/C2013Q00005|access-date=11 July 2020 |website=[[Federal Register of Legislation]]}}</ref> Australian High Court judges have discussed in ''[[Obiter dictum|obiter]]'' that the constitution's source of lawful authority may no longer reside in the imperial parliament, but may instead now derive its lawful authority from the Australian people.<ref name=":1">{{Cite book|last=Saunders|first=Cheryl|title=The Constitution of Australia - A Contextual Analysis|publisher=Hart Publishing|year=2010|isbn=9781841137346}}</ref> Following the [[2017–18 Australian parliamentary eligibility crisis]], there was discussion of whether to retain or replace the current constitution.<ref>{{cite news|date=17 August 2017|title=The constitution is broken and out of date — we should abolish it and start again|language=en-AU|work=www.abc.net.au|url=https://www.abc.net.au/news/2017-08-18/abolish-the-constitution-and-start-again/8816488|access-date=1 October 2020}}</ref><ref>{{cite news|date=27 November 2017|title=Principles for a new Australian Constitution|work=The Mandarin|url=https://www.themandarin.com.au/86529-principles-new-australian-constitution/}}</ref> Former Prime Minister [[Bob Hawke]] advocated for getting "rid of the constitution we've got", and replacing the constitution with a system that does not include states.<ref>{{cite news|date=16 August 2017|title=Howard, Hawke criticise career politicians 'with no life experience'|language=en-AU|work=www.abc.net.au|url=https://www.abc.net.au/news/2017-08-17/john-howard-and-bob-hawke-criticise-career-politicians/8814572|access-date=1 October 2020}}</ref> ====Commemoration==== Constitution Day is celebrated on 9 July,<ref>{{cite web|title=Constitution Day|url=http://www.naa.gov.au/visit-us/events/constitution-day/index.aspx|url-status=live|archive-url=https://web.archive.org/web/20140222000500/http://naa.gov.au/visit-us/events/constitution-day/index.aspx|archive-date=22 February 2014|publisher=[[National Archives of Australia]]}}</ref> the date the constitution became law in 1900. The date is not a public holiday. Constitution Day was first held on 9 July 2000 to mark the centenary of the constitution in the lead up to the [[Federation of Australia|Centenary of Federation]]. Further events have not been widely held since 2001. The day was revived in 2007 and is jointly organised by the [[National Archives of Australia|National Archives]] and the [[Department of Immigration and Citizenship (Australia)|Department of Immigration and Citizenship]].<ref>{{cite web|date=9 July 2008|title=Constitution Day Celebrations|url=http://www.alp.org.au/media/0708/mssms090.php|url-status=dead|archive-url=https://web.archive.org/web/20080719045242/http://www.alp.org.au/media/0708/mssms090.php|archive-date=19 July 2008}}</ref> == Document structure and text == [[File:Commonwealth_of_Australia_Constitution_Act_(The_Constitution)_as_at_2013.pdf|thumb|The constitution as amended]] === Covering clauses === The ''Commonwealth of Australia Constitution Act 1900'' (Imp) consists of nine sections. Section 9 contains the constitution. Since the constitution itself is divided into "sections", sections 1 to 8 of the Act have come to be known for convenience as the "covering clauses". The second covering clause is interpretive, specifying that throughout the Act references to "the Queen" are (in effect) references to whoever is the monarch in the UK. In this period, "the Crown" was considered to be the same entity everywhere in the British Empire. Although that is no longer assumed, the rules of succession remain almost unchanged. === Main document === The constitution is divided into eight chapters, collectively containing 128 sections. The first three chapters state the respective powers of the legislature, executive, and judiciary. This split into three chapters has been interpreted by the High Court as giving rise to a substantive separation of powers doctrine in Australia.<ref>{{cite journal|last=Spry|first=Max|year=1995–96|title=The Executive Power of the commonwealth: its scope and limits|url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp28|url-status=live|series=Research Paper 28 Last reviewed 19 July 2004 by the Parliamentary Library Web Manager|archive-url=https://web.archive.org/web/20160308015006/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp28|archive-date=8 March 2016}}</ref> [[Chapter I of the Constitution of Australia|'''Chapter I: The Parliament''']] sets up the legislative branch of government. Its constituent parts are stated to be the [[Monarchy of Australia|Sovereign]] (represented by the [[Governor-General of Australia|Governor-General]]), the [[Australian Senate|Senate]], and the [[Australian House of Representatives|House of Representatives]]. It provides for the number of representatives to attend each body, and provides that the representatives attending both must be chosen directly by the electorate. Each electorate of the house of representatives is to be apportioned equally by population, whereas senators are allocated unevenly between "original states", the territories, and future states (of which none presently exist). The house of representatives is required to have twice as many members as the senate. Chapter I also defines the role of the monarch in relation to the legislature, although the monarch's own powers over legislation are now regarded as defunct. The chapter notably also provides for the powers of the Commonwealth parliament. The parliament is not granted [[plenary power]] by the constitution. [[Section 51 of the Australian Constitution|Section 51]] contains a list of enumerated topics that the Commonwealth parliament is permitted to legislate upon. States may also legislate upon these topics, but [[Section 109 of the Australian Constitution|Commonwealth law prevails]] in the event of inconsistency between the laws. Section 52 contains a brief list of topics that only the Commonwealth may legislate upon. Some relevant powers of the Governor-General are provided here: to summon, prorogue or dissolve the federal parliament, and to give or refuse royal assent to federal bills. Other matters dealt within the chapter include eligibility issues for voting or standing in elections; and miscellaneous matters regarding parliamentary procedures and allowances. [[Chapter II of the Constitution of Australia|'''Chapter II: The Executive Government''']] sets up the executive branch. Executive power is stated to be exercised by the [[Governor-General of Australia|Governor-General]], who appoints a [[Federal Executive Council (Australia)|Federal Executive Council]] and is to act "with" its advice. The Governor-General is empowered to appoint and dismiss ministers, and is the ceremonial commander-in-chief of the Australian armed forces. This colonial model differs substantially from the reality, which since Federation has followed [[Constitutional convention (political custom)#Australia|constitutional convention]] drawn from the United Kingdom.{{cn|date=August 2021}} By convention, almost all executive authority is exercised by a [[Prime Minister of Australia|prime minister]] and a [[Cabinet of Australia|cabinet]].{{cn|date=August 2021}}. [[File:High_Court_of_Australia_(6769096715).jpg|alt=|thumb|Chapter III establishes [[The High Court of Australia|the High Court]] as Australia's apex court]] [[Chapter III Court|'''Chapter III: The Judicature''']] sets up the judicial branch. Commonwealth judicial power is vested in a federal supreme court to be called the High Court of Australia. The parliament is authorised to create federal courts, and to vest the exercise of federal judicial power within the courts of the states. Section 74 (now defunct) provides for the circumstances in which an appeal may be made to the [[Judicial Committee of the Privy Council|Queen in Council]], section 75 provides for the High Court's jurisdiction, and section 80 guarantees trial by jury for [[indictable offence]]s against the Commonwealth. [[Chapter IV of the Constitution of Australia|'''Chapter IV: Finance and Trade''']] deals with commercial matters within the federation. Section 81 prescribes all Commonwealth revenue to a [[Consolidated Revenue Fund#Australia|Consolidated Revenue Fund]], and s90 gives the Commonwealth exclusive power over custom and excise duties. [[Section 51(i) of the Australian Constitution#Section 92 of the Constitution|Section 92]] is notable for prescribing 'absolutely free' trade and commerce between the states. Section 96 allows the Commonwealth to make grants on terms determined by Parliament. Section 101 sets up an [[Inter-State Commission]], now defunct. [[Chapter V of the Constitution of Australia|'''Chapter V: The States''']] contains provisions dealing with the states and their role in the federal system. Sections 106-108 preserve the powers of the states, section 109 provides that Commonwealth legislation prevails over that of a state to the extent of any inconsistency. Section 111 provides for surrender of state territory to the Commonwealth, section 114 forbids states to raise military forces without Commonwealth permission, and also forbids the Commonwealth to tax property of a state government and the reverse. Section 116 forbids the Commonwealth to establish a national religion, to impose any religious observance or prohibit the free exercise of any religion, or to impose a religious test for office. [[Chapter VI of the Constitution of Australia|'''Chapter VI: New States''']] allows for the establishment or admission of new states, and allows parliament to provide for representation of the territories. It also provides that state boundaries must require the consent of a state before alteration by referendum. '''Chapter VII: Miscellaneous''' contains provisions on varied topics. Section 125 establishes Melbourne as the nation's temporary capital, while providing for the eventual capital to be established within [[New South Wales]] but no less than {{convert|100|mi|km|spell=in}} from [[Sydney]]. In 1911 New South Wales ceded to the Commonwealth what is now the [[Australian Capital Territory]]. [[Canberra]], built within it, was declared the national capital in 1913. Section 126 permits the Governor-General to appoint deputies. [[Section 127 of the Australian Constitution|Section 127]] provided that "aboriginal natives" were not to be included in headcounts for electoral purposes. That section was [[Australian referendum, 1967 (Aboriginals)|removed by referendum]] in 1967.<ref>{{cite web|last=Korff|first=Jens|date=8 October 2014|title=Australian 1967 Referendum|url=https://www.creativespirits.info/aboriginalculture/history/australian-1967-referendum|access-date=9 November 2016|website=creativespirits.info}}</ref> [[Chapter VIII of the Constitution of Australia|'''Chapter VIII: Alteration of the Constitution''']] is a single section providing for amendments. It prescribes that alterations may only occur through a referendum bill being approved at a national referendum. A national referendum under this section requires a 'double majority' to be valid, which consists of a majority return of electors nationally, and a majority return in a majority of states. ===Schedule=== {{See also|Oath of Allegiance (Australia)}}The constitution also contains a schedule setting out the wording of the oath and affirmation of allegiance.<ref name="sch 12">''Constitution (Cth)'' [http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/sch1.html Schedule 1 Oath].</ref> By convention, the Governor-General and members of parliament are required to swear an oath or affirmation of allegiance before taking office. The oath reads: {{quote|I, (name), do swear that I will well and truly serve His Majesty King Charles the Third, His heirs and successors according to law, in the office of Governor-General of the Commonwealth of Australia, and I will do right to all manner of people after the laws and usages of the Commonwealth of Australia, without fear or favour, affection or ill will. So help me God!<ref>{{cite web |url=http://www.gg.gov.au/oath-office |title=Oath of Office |publisher=Office of the Official Secretary to the Governor-General |access-date=15 January 2018 |archive-url=https://web.archive.org/web/20140126092551/http://www.gg.gov.au/oath-office |archive-date=26 January 2014 |url-status=dead }}</ref>}} By convention the [[Oath of office|oath or affirmation of office]] made by a prime minister, ministers and parliamentary secretaries when entering office is not that contained within this schedule. Rather, it is determined by the prime minister of the day, and administered to them by the Governor-General. This convention has been in place since 1901.<ref>{{cite web|title=Oaths and affirmations made by the executive and members of federal parliament since 1901|url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/OathsAffirmations#_Toc358025341|url-status=live|archive-url=https://web.archive.org/web/20160307144419/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/OathsAffirmations|archive-date=7 March 2016|publisher=Parliamentary Library, Department of Parliamentary Services}}</ref> == Unwritten conventions == [[Constitutional convention (political custom)|Constitutional conventions]] are an important part of the Australian constitution. Despite being unwritten, they are understood to be incorporated within the document.{{NoteTag|This has been mentioned multiple times by the [[High Court of Australia]].}} The conventions primarily derive from the unwritten parliamentary conventions within the [[Westminster system]] of [[responsible government]]. Some notable conventions include the existence of the [[Prime Minister of Australia]], as head of cabinet in council. Another is that the Governor-General by convention acts on the advice of the Prime Minister. [[Advice (constitutional)|Advice]] to the Governor-General is given by the prime minister and, also by convention, the prime minister's advice is ordinarily to be followed. There may, however, be circumstances in which a Governor-General has to act, or may choose to act, without or against prime ministerial advice. These include a situation where, following a general election, no party has an overall majority in the House of Representatives, so that the Governor-General has to choose a prime minister without a prime minister to give advice. Such discretions are known as the Governor-General's "reserve powers",{{NoteTag|Not to be confused with "reserved powers" of the states.}} but it is uncertain what they include and it remains highly controversial that [[1975 Australian constitutional crisis|in 1975 a Governor-General dismissed]] a prime minister who, in the Governor-General's opinion, was unable to obtain supply.<ref>{{cite book |editor-last = Gerangelos |editor-first = George A. |title = Winterton's Australian Federal Constitutional Law |year=2017 |edition=4th |publisher = Thomson Reuters |location = Pyrmont, NSW |isbn = 978-0-45523-972-9 |page=236 }}</ref><ref>{{cite book |last1=Williams |first1=George |author1-link = George Williams (lawyer) |last2= Brennan |first2=Sean |last3 = Lynch |first3=Andrew |title = Blackshield and Williams Australian Constitutional Law and Theory |year=2018 |edition=7th |publisher = Federation Press |location = Annandale, NSW |isbn=978-1-76002-151-1 |pages=<!--in 6th edn, pages 357-365 of 10.14-16-->}}</ref> === Unwritten conventions during the dismissal === The nature of constitutional conventions gave rise to controversy during [[1975 Australian constitutional crisis|the dismissal]] of the [[Whitlam Government]] in 1975. In that episode, the Governor-General Sir [[John Kerr (Governor-General)|John Kerr]] dismissed the Labor Prime Minister [[Gough Whitlam]], and appointed the Liberal opposition leader [[Malcolm Fraser]] as caretaker Prime Minister pending the 1975 general election. Multiple conventions were broken during the dismissal including: * The convention that, in the event of a Senate vacancy, the state government would nominate a replacement from the same political party. This convention was broken by the [[Tom Lewis (Australian politician)|Lewis]] government of [[New South Wales]].<ref name="Whitlam2">Gough Whitlam. ''The Truth of the Matter''. Penguin. 1979 (Reprint: Melbourne University Press. 2005.)</ref> Notably, this unwritten convention was later formally incorporated into the written constitution via [[Australian referendum, 1977 (Senate Casual Vacancies)|national referendum in 1977]].<ref>{{cite web |title = Reflections from the Seventies (transcript) |url = http://www.abc.net.au/4corners/stories/s350401.htm |url-status=dead |archive-url = https://web.archive.org/web/20090109202212/http://www.abc.net.au/4corners/stories/s350401.htm |archive-date = 9 January 2009 |access-date = 13 January 2010 |publisher=[[ABC Television (Australian TV network)|ABC TV]] [[Four Corners (Australian TV program)|Four Corners]]}}</ref> * The convention that a Prime Minister who cannot obtain supply must first either request that the governor general call a general election, or resign. Gough Whitlam broke this convention by refusing to call an election after the Senate's block of supply.<ref>{{cite web |date = 11 November 1975 |title = Sir John Kerr's Statement of Reasons |url = http://whitlamdismissal.com/1975/11/11/kerr-statement-of-reasons.html |url-status=live |archive-url = https://web.archive.org/web/20160416042105/http://whitlamdismissal.com/1975/11/11/kerr-statement-of-reasons.html |archive-date = 16 April 2016 }}</ref> ==Interpretation== {{Further|Australian constitutional law}} The High Court is primarily responsible for interpreting the constitution. The legal doctrines historically applied by the court its process have varied. Some such doctrines have included the '[[Separation of powers in Australia|separation of powers]]', '[[Intergovernmental immunity (Australia)|intergovernmental immunities]]', and '[[Reserved powers doctrine|reserved state powers]]'. While the document does not include a bill of rights, some rights and/or restrictions are expressly stated. Among these are the [[Section 80 of the Constitution of Australia|section 80 right to trial by jury for indictable offences]], the [[Section 51(xxxi) of the Constitution of Australia|section 51(xxxi) right to just compensation]], and the [[Section 117 of the Constitution of Australia|section 117 right against discrimination based on state residence]]. [[Section 116 of the Constitution of Australia|Section 116]], which limits Commonwealth legislative power concerning religion, indirectly provides individuals with rights of religious observance and other exercise of religion, and freedom from religious tests for office. The High Court has also read a number of important legal implications into the document. One of these is the '[[Australian constitutional law#Freedom of political communication|freedom of political communication]]', the other is a [[Roach v Electoral Commissioner|freedom of interference from voting in]] elections. Both doctrines are born of the section 7 and section 24 requirements that representatives in Australia's houses of parliament be 'directly chosen by the people'.<ref>{{Cite AustLII|HCA|43|2007|litigants=[[Roach v Electoral Commissioner]]|parallelcite=(2007) [[Commonwealth Law Reports|CLR]] 162}}.</ref><ref>{{Cite AustLII|HCA|25|1997|litigants=[[Lange v Australian Broadcasting Corporation]]|parallelcite=189 [[Commonwealth Law Reports|CLR]] 520}}.</ref> These implications, which limit Commonwealth legislative power, have been characterised as 'freedoms' or 'guarantees' by members of the High Court, and the court has been wary of describing them as 'implied rights' or 'implied constitutional rights'.<ref name=":0">{{Cite web|title=Stone, Adrienne --- "Rights, Personal Rights and freedoms: The Nature of the Freedom of Political Communication" [2001] UMelbLRS 1|url=http://www.austlii.edu.au/au/journals/UMelbLRS/2001/1.html|access-date=2020-08-29|website=www.austlii.edu.au}}</ref> [[Adrienne Stone|Some scholars]] have argued that the High Court's purported distinction between a 'right' versus a 'freedom' is misleading and/or little more than semantic, but it is still used by the court.<ref name=":0" /> While the incumbent monarch is [[Charles III|King Charles III]],<ref>The effect of ''Commonwealth of Australia Constitution Act 1900'', section (covering clause) 2.</ref> his capacity as king of Australia is separate to his capacities as monarch to other nations.<ref name="HOZ">''R v Foreign Secretary; Ex parte Indian Association'' [1982] [[Queen's Bench Law Reports|QB]] 892 at 928; approved by the High Court of Australia in {{cite AustLII|HCA|30|1999|litigants=[[Sue v Hill]]|parallelcite=199 [[Commonwealth Law Reports|CLR]] 462|pinpoint=[57]}}.</ref> == Alterations to the constitution == === Historical referendums and amendments === {{Main|Referendums in Australia|Category:Amendments to the Constitution of Australia}} Amendment to the constitution requires a [[referendum]] in which the amending act is approved by a majority in at least four states, as well as a nationwide majority. Forty-four proposals to amend the constitution have been voted on at referendums, only eight of which have been approved. The eight proposals that have achieved approval are: * [[1906 Australian referendum|1906]] – [[1906 Australian referendum|Senate Elections]]{{spaced ndash}}amended section 13 to slightly alter the length and dates of senators' terms of office. * [[1910 Australian referendum|1910]] – [[Australian referendum, 1910 (State Debts)|State Debts]]{{spaced ndash}}amended section 105 to extend the power of the Commonwealth to take over pre-existing state debts, to debts incurred by a state at any time. * [[1928 Australian referendum|1928]] – [[1928 Australian referendum|State Debts]]{{spaced ndash}}inserted section 105A to ensure the constitutional validity of the financial agreement reached between the Commonwealth and state governments in 1927. * [[1946 Australian referendum|1946]] – [[Australian referendum, 1946 (Social Services)|Social Services]]{{spaced ndash}}inserted section 51 (xxiiiA) to extend the power of the Commonwealth over a range of social services. * [[1967 Australian referendum|1967]] – [[1967 Australian referendum (Aboriginals)|Aboriginal Australians]]{{spaced ndash}}amended section 51 (xxvi) to extend the powers of the Commonwealth to [[Indigenous Australians]] in states; repealed [[section 127 of the Constitution of Australia|section 127]] preventing the inclusion of all Indigenous Australians in population counts for constitutional purposes. * [[1977 Australian referendum|1977]] – Three amendments: First to ensure [[Australian referendum, 1977 (Senate Casual Vacancies)|Senate casual vacancies]] be filled by a member of the same political party; [[1977 Australian referendum (Referendums)|Second]] to allow residents of Australian [[States and territories of Australia|territories]] to vote in referendums; [[1977 Australian referendum (Retirement of Judges)|Third]] to mandate a retirement age of 70 for judges in [[Judiciary of Australia|federal courts]]. === Existing major amendment proposals === Multiple ongoing debates exist regarding changes to the Australian constitution. These include debates on the inclusion of a preamble, proposals for an Australian republic, and addition of a formal recognition and/or Indigenous 'voice' to the document. ==== Inclusion of a preamble ==== {{Main|Australian referendum, 1999 (Preamble)}} The Australian constitution does not itself contain a [[preamble]], although an [[List of enacting formulae|enacting formula]] prefaces the document as passed in the UK Parliament. Proposals to include a preamble have been controversial, one argument being that the inclusion of a preamble could affect the High Court's interpretations of other provisions within the document. In 1999, a proposed preamble principally authored by the then [[Prime Minister of Australia|Prime Minister]] [[John Howard]] was defeated in a referendum concurrent to that on a proposal to become a [[1999 Australian republic referendum|republic]]. ====Republic proposals==== {{Main|Republicanism in Australia}} Debates on whether Australian should become a republic have existed since Federation. In November 1999 a referendum was held as to whether the Queen and the Governor-General ought be removed from the constitution, to be replaced with a President. The referendum failed to carry. ====Indigenous recognition and voice==== {{Main|Constitutional recognition of Indigenous Australians}} Since 1910, there have been calls for constitutional reform to recognise Indigenous Australians.<ref>{{cite book |author1=Expert Panel on Constitutional Recognition of Indigenous Australians |title=Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution : Report of the Expert Panel |date=2012 |publisher=Commonwealth of Australia |location=Canberra |isbn=9781921975295|url=https://antar.org.au/sites/default/files/expert_panel_report_.pdf |access-date=15 September 2020 |chapter=1.7 Early voices for change|page=28–31}}</ref> In 1967, the constitution was amended providing the Commonwealth with the power to legislate for all Indigenous Australians by removing the restriction preventing the Commonwealth from legislating in states.<ref>{{cite book |author1=Expert Panel on Constitutional Recognition of Indigenous Australians |title=Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution : Report of the Expert Panel |date=2012 |publisher=Commonwealth of Australia |location=Canberra |isbn=9781921975295|url=https://antar.org.au/sites/default/files/expert_panel_report_.pdf |access-date=15 September 2020 |chapter=1.8 The 1967 referendum |page=31}}</ref> At the same time, a limitation on including all Indigenous Australians in population counts for constitutional purposes was removed, which in 1967 was relevant only to section 24.{{sfn|Sawer|1966|p=25-26,30}}{{sfn|Arcioni|2012|p=300-301}} Since those reforms, other proposals have emerged. Guaranteed parliamentary representatives, a constitutionally recognised voice, and an inclusion of Indigenous Australians in a preamble to the constitution; are all proposals that have been made to reform the Australian constitution to recognise Indigenous Australians. In his [[Closing the Gap]] speech in February 2020, Prime Minister [[Scott Morrison|Morrison]] reinforced the work of the Referendum Council, rejecting the idea of merely symbolic recognition, supporting a voice co-designed by Aboriginal and Torres Strait Islander people, "using the language of listening and empowerment". The Labor Party has supported a voice enshrined in the constitution for a long time, and so have many of Australia's left-leaning minor parties.<ref name="Davis 20202">{{cite web|last=Davis|first=Megan|date=17 February 2020|title=Constitutional recognition for Indigenous Australians must involve structural change, not mere symbolism|url=http://theconversation.com/constitutional-recognition-for-indigenous-australians-must-involve-structural-change-not-mere-symbolism-131751|access-date=20 July 2020|website=The Conversation}}</ref> ==See also== {{Portal|Australia|Law}} *''[[Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013]]'' [[Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013|(South Australia)]] * [[Constitutional economics]] * [[Constitutionalism]] * [[Indigenous treaties in Australia]] * [[Process model (Australia)]] * [[Secessionism in Western Australia]] * [[State constitution (Australia)]] == Notes == {{NoteFoot}} == References == === Citations === {{Reflist}} === Sources === ; [[Primary sources]] {{refbegin}} * {{cite web |title = ''Australia Act'' 1986 (Cth) |url = https://www.legislation.gov.au/Details/C2004A03181 |website = [[Federal Register of Legislation]] |access-date = 9 August 2019 |language = en-AU }} * {{cite web |title = ''Australia Act'' 1986 (UK) |url = http://www.legislation.gov.uk/ukpga/1986/2 |website = [[legislation.gov.uk]] |access-date = 9 August 2019 |language = en-GB }} * {{cite web |title = ''Australia (Request and Consent) Act'' 1985 (Cth) |url = https://www.legislation.gov.au/Details/C2004A03182 |website=[[Federal Register of Legislation]] |access-date = 14 January 2020 |language = en-AU }} * {{cite web |title = ''Australia Acts (Request) Act'' 1985 (NSW) |url = https://www.legislation.nsw.gov.au/#/view/act/1985/109/full |website = legislation.nsw.gov.au |access-date = 14 January 2020 |language = en-AU }} * {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Qld) |url = https://www.legislation.qld.gov.au/view/html/repealed/current/act-1985-069#Act-1985-069 |website = legislation.qld.gov.au |access-date = 14 January 2020 |language = en-AU }} * {{cite web |title = ''Australia Acts (Request) Act'' 1985 (SA) |url = https://www.legislation.sa.gov.au/LZ/C/A/AUSTRALIA%20ACTS%20(REQUEST)%20ACT%201985.aspx |website = legislation.sa.gov.au |access-date = 14 January 2020 |language = en-AU }} * {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Tas) |url = https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1985-099 |website = legislation.tas.gov.au |access-date = 14 January 2020 |language = en-AU }} * {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Vic) |url = http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt7.nsf/DDE300B846EED9C7CA257616000A3571/665C6AE5BAC2A999CA257A51007FCDFA/$FILE/85-10203aa003%20authorised.pdf |website = legislation.vic.gov.au |access-date = 14 January 2020 |language = en-AU }} * {{cite web |title = ''Australia Acts (Request) Act'' 1985 (WA) |url = https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a58.html |website = legislation.wa.gov.au |access-date = 14 January 2020 |language = en-AU }} * {{cite web |title = ''Statute of Westminster Adoption Act'' 1942 |url = https://www.legislation.gov.au/Details/C2004C00661 |website = [[Federal Register of Legislation]] |access-date = 19 January 2020 |language = en-AU }} * {{cite web |title = ''Statute of Westminster'' 1931 (Imp) |url = http://www.legislation.gov.uk/ukpga/Geo5/22-23/4 |website = legislation.gov.uk |access-date = 21 January 2020 |language = en-GB }} * {{cite web |title = ''Commonwealth of Australia Constitution Act'' (The Constitution) (Cth) |url = https://www.legislation.gov.au/Details/C2013Q00005 |website = [[Federal Register of Legislation]] |access-date = 21 January 2020 |language = en-AU }} * {{cite web |title = ''Commonwealth of Australia Constitution Act'' 1900 (Imp) |url = http://www.legislation.gov.uk/ukpga/Vict/63-64/12/enacted |website = legislation.gov.uk |access-date = 21 January 2020 |language = en-GB }} * {{cite web |title = ''The Constitution together with Proclamation Declaring the Establishment of the Commonwealth, Letters Patent Relating to the Office of Governor‑General, Statute of Westminster Adoption Act 1942, Australia Act 1986 with Overview, Notes and Index'' (Cth) |url = https://www.legislation.gov.au/Details/C2005Q00193 |website = [[Federal Register of Legislation]] |access-date = 21 January 2020 |language = en-AU }} {{refend}} ; [[Secondary sources]] {{refbegin}} * {{cite journal |last = Arcioni |first = Elisa |title = Excluding Indigenous Australians from 'The People': A Reconsideration of Sections 25 and 127 of the Constitution |journal = Federal Law Review |year = 2012 |volume=40 |issue=3 |pages=287–315 |publisher = Australian National University |location = Canberra, ACT |doi = 10.22145/flr.40.3.1 |s2cid = 210774854 |issn = 1444-6928 |url = http://classic.austlii.edu.au/au/journals/FedLawRw/2012/12.html |access-date = 3 August 2020 }} * {{cite book |editor-last = Gerangelos |editor-first = George A. |title = Winterton's Australian Federal Constitutional Law |year=2017 |edition=4th |publisher=Thomson Reuters |location = Pyrmont, NSW |isbn=978-0-45523-972-9 }} * {{cite journal |last = Lindell |first = G. J. |title = Why is Australia's Constitution Binding? - The Reason in 1900 and Now, and the Effect of Independence |url = http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/FedLRev/1986/2.html |year=1986 |volume=16 |journal = Federal Law Review |pages=29–49 |doi = 10.1177/0067205X8601600102 |s2cid = 159157171 |access-date = 21 January 2020 }} * {{cite book |last=Parkinson |first=Patrick |title = Tradition and Change in Australian Law |year =2012 |edition=5th |publisher=Thomson Reuters |location = Sydney, NSW |isbn=978-0-45523-079-5 }} * {{cite book |author1=Quick, John |author2=Garran, Robert |name-list-style=amp | title = The Annotated Constitution of the Australian Commonwealth |url = https://archive.org/details/annotatedconstit00quicuoft |publisher = [[Angus & Robertson]] |year = 1901 |location = Sydney, NSW |isbn = 0-9596568-0-4 }} * {{cite journal |last = Sawer |first = Geoffrey |title = The Australian Constitution and the Australian Aborigines |journal = Federal Law Review |year = 1966 |volume=2 |issue=1 |pages=17–36 |publisher= [[Australian National University]] |location = Canberra, ACT |doi = 10.1177/0067205X6600200102 |s2cid=159414135 |issn=1444-6928 |url = http://classic.austlii.edu.au/au/journals/FedLawRw/1967/2.pdf |access-date = 3 August 2020 }} * {{cite book |last1=Williams |first1=George |author1-link = George Williams (lawyer) |last2= Brennan |first2=Sean |last3= Lynch |first3=Andrew |title = Blackshield and Williams Australian Constitutional Law and Theory |year=2018 |edition=7th |publisher = Federation Press |location = Annandale, NSW |isbn=978-1-76002-151-1 }} {{refend}} ==Further reading== *{{cite book |title=A New Constitution for Australia |last=Harris |first=Bede |year=2013 |publisher=Routledge |isbn=978-1135315931 |page=174 |url=https://books.google.com/books?id=VWeOAgAAQBAJ}} *{{cite book|url=https://global.oup.com/academic/product/the-oxford-handbook-of-the-australian-constitution-9780198738435?cc=au&lang=en&|editor1-last=Saunders|editor1-first=Cheryl|editor2-last=Stone|editor2-first=Adrienne|title=The Oxford Handbook of the Australian Constitution|location=Oxford|publisher=Oxford U.P.|year=2018|isbn=9780198738435}} ==External links== {{Wikisource|Commonwealth of Australia Constitution Act}} * [https://www.legislation.gov.au/Details/C2013Q00005 Full text of the Constitution of Australia] with all amendments, from the [[Federal Register of Legislation]] * {{cite web|url= http://www.comlaw.gov.au/Details/C2005Q00193/0332ed71-e2d9-4451-b6d1-33ec4b570e9f |title=Full text download }}&nbsp;{{small|(525&nbsp;KB)}} from the Federal Register of Legislation – ''The Constitution as in force on 1 June 2003 together with proclamation declaring the establishment of the Commonwealth, letters patent relating to the Office of Governor-General, Statute of Westminster Adoption Act 1942, Australia Act 1986.'' {{ISBN|0-642-78285-7}}. * {{UK-LEG|Commonwealth of Australia Constitution Act 1900 (c. 12)|path=ukpga/Vict/63-64/12}} The Commonwealth of Australia Constitution Act 1900 (UK) as a British statute; does not include amendments to the Constitution itself. * [http://www.foundingdocs.gov.au/item-sdid-82.html Commonwealth of Australia Constitution Act, 1900]. Entry on the origins, development, structure and evolution of the Australian constitution at [http://www.foundingdocs.gov.au/ Documenting a Democracy]. * [http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution Full text (HTML) file of the Constitution]. From the [http://www.aph.gov.au/ Parliament of Australia web site]. * Royal Commission of Assent signed by Queen Victoria which enacted the Constitution; see these web pages: [https://web.archive.org/web/20131111152456/http://www.naa.gov.au/visit-us/exhibitions/federation-gallery/commission-assent.aspx National Archives of Australia] and [http://foundingdocs.gov.au/item-sdid-83.html Documenting a Democracy]. * [https://web.archive.org/web/20130603055610/http://www.mq.edu.au/about_us/faculties_and_departments/faculty_of_arts/mhpir/politics_and_international_relations/staff/john_kilcullen/a_first_reading_of_the_australian_constitution/ A First Reading Of The Australian Constitution] – side-by-side commentary notes by John Kilcullen, Macquarie University, 2004 * [https://web.archive.org/web/20091019232631/http://www.ausconstitution.info/ConComm88/start.shtml Final Report of the Constitutional Commission Summary: 1988] *[http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Records_of_the_Australasian_Federal_Conventions_of_the_1890s Records of the Australasian Federal Conventions of the 1890s] {{Constitution of Australia|state=expanded}} {{Navboxes|list= {{Politics of Australia}} {{Australia topics}} {{Oceania in topic|Constitution of}} }} {{DEFAULTSORT:Constitution Of Australia}} [[Category:Constitution of Australia| ]] [[Category:1900 in Australian law]] [[Category:Australian constitutional law| ]] [[Category:1975 Australian constitutional crisis]] [[Category:1901 in Australian law]] [[Category:1901 in politics]]'
New page wikitext, after the edit (new_wikitext)
'eopo7xo7o4x4x64l123456789098765432`kfdh,dgdhgdkdhgdgkgdddghkddkdgkhgdkgdkhdhgdhkgdkgg'
Unified diff of changes made by edit (edit_diff)
'@@ -1,246 +1,1 @@ -{{Short description|Federal constitution of 1900}} -{{Use Australian English|date=July 2016}} -{{Use dmy dates|date=September 2020}} -{{Infobox constitution -| document_name = Commonwealth of Australia Constitution -| image = Constitution of Australia.jpg -| orig_lang_code = en -| title_orig =Commonwealth of Australia Constitution Act 1900 (UK), s. 9 -| jurisdiction = [[Australia]] -| date_ratified = {{start date|1900|7|6|df=y}} -| date_effective = {{start date|1901|1|1|df=y}} -| system = [[Federal Government]] -| branches = {{plainlist| -* [[Australian Government|Executive]] -* [[Parliament of Australia|Legislative]] -* [[Judiciary of Australia|Judicial]]}} -| chambers = {{plainlist| -* [[House of Representatives (Australia)|House of Representatives]] -* [[Australian Senate|Senate]]}} -| executive = ''See [[Australian Government]]'' -| courts = ''See [[Judiciary of Australia]]'' -| number_amendments = ''See [[Referendums in Australia]]'' -| date_last_amended = ''See [[1977 Australian referendum (Retirement of Judges)]]'' -| location_of_document = [[National Archives of Australia]] -| writer = [[Constitutional Convention (Australia)|Constitutional Conventions, 1891 and 1897-98]] -| signers = [[Queen Victoria]] -| supersedes = [[Australian Colonies Government Act|Australian Colonies Government Act 1850]] - -| wikisource = Commonwealth of Australia Constitution Act}} - -The '''Constitution of Australia''' (or '''Australian Constitution''') is a [[written constitution|constitutional document]] that is [[Constitution|supreme law]] in [[Australia]]. It establishes Australia as a [[Federation of Australia|federation]] under a [[constitutional monarchy]] and outlines the structure and powers of the Australian government's three constituent parts, the [[Government of Australia|executive]], [[Parliament of Australia|legislature]], and [[Judiciary of Australia|judiciary]]. - -The constitution was drafted between 1891 and 1898, through a series of [[Constitutional Convention (Australia)|conventions]] conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a [[1898–1900 Australian constitutional referendums|set of referendums]] from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an [[Act of Parliament|act]] of the [[Parliament of the United Kingdom]]. The act was given [[royal assent]] on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901.<ref>{{cite web|url=https://www.legislation.gov.uk/ukpga/Vict/63-64/12/contents/enacted|title=Constitution of Australia Act 1900|website=legislation.gov.uk|access-date=11 July 2020}} The original text, as of 1900{{mdash}}still official in the UK.</ref><ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.au/Details/C2013Q00005|access-date=11 July 2020|website=[[Federal Register of Legislation]]}} The current text.</ref> The constitution gave the six colonies the status of [[States and territories of Australia|states]] within the new federation. - -[[Australian constitutional law]] has developed through the interpretation of the constitution by the [[High Court of Australia|High Court]]. As well as its textual provisions, the constitution is understood to incorporate various unwritten [[Constitutional convention (political custom)|constitutional conventions]] and ideas derived from the [[Westminster system]], one of which is [[responsible government]]. Although the 1900 act initially derived its legal authority from the UK Parliament, the present understanding of the High Court and some academics is that it now derives its legal authority from the Australian people.<ref>{{cite journal|last=Lindell|first=G. J.|year=1986|title=Why is Australia's Constitution Binding? - The Reason in 1900 and Now, and the Effect of Independence|url=http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/FedLRev/1986/2.html|journal=Federal Law Review|volume=16|page=29|doi=10.1177/0067205X8601600102|s2cid=159157171}}</ref> Other documents of constitutional significance to Australia include the [[Statute of Westminster 1931|Statute of Westminster]] and the ''[[Australia Act 1986]]''. - -The document may only be amended by [[Referendums in Australia|referendum]], through the procedure set out in [[Section 128 of the Constitution of Australia|section 128]]. Amendments require a "double majority" – a nationwide majority as well as a majority of voters in a majority of states. This has contributed to the low number of successful amendments; forty-four referendums have been held but only eight amendments have been passed, [[1977 Australian referendum|most recently in 1977]]. Ongoing debates exist regarding further proposals for amendment, notably including the inclusion of a preamble, the replacement of the [[Monarchy of Australia|monarchy]] with [[Republicanism in Australia|a republic]], and the addition of an [[Indigenous voice to government]]. - -==History==<!--text has no footnotes--> -{{Main|Constitutional history of Australia}} - -=== Prior to federation === -{{Main|Federation of Australia}} -Political movements to federate the Australian colonies grew to prominence in the mid 19th century. Multiple motivations existed for increased political co-operation between the colonies; including a desire to regulate inter-colonial tariffs. Tensions existed however between the larger colonies and the smaller ones, and in the degree to which each colony embraced [[Protectionism|protectionist]] policies. Those tensions and the outbreak of the [[American Civil War]] harmed the political case for federalism in the 1850s and 60s. - -In 1889 the [[Federal Council of Australasia]] was established. It arose out of a fear of the growing presence of German and French colonies in the Pacific, and a growing Australian identity. The council could legislate on certain subjects but did not have a permanent secretariat, an executive, or independent source of revenue. Perhaps most problematically [[New South Wales]], the largest colony, did not join the body. - -A series of conferences to discuss federalism was promoted by the [[Premier of New South Wales]] [[Henry Parkes]]; the first held in 1890 at Melbourne, and another at Sydney in 1891. These conferences were attended by most colonial leaders. By the 1891 conference the federalist cause gained momentum. Discussion turned to what the proper system of federal government ought to be. A draft constitution was drawn up at the conference under the guidance of [[Sir Samuel Griffith]], however, these meetings lacked popular support. An additional problem was that this draft constitution sidestepped some critical issues like tariff policy. The 1891 draft was submitted to colonial parliaments, however it lapsed in New South Wales. After that event other colonies were unwilling to proceed. - -In 1895, the six premiers of the Australian colonies agreed to establish a new Convention by popular vote. The Convention met over the course of a year from 1897 to 1898. The meetings produced a new draft which contained substantially the same principles of government as the 1891 draft, but with added provisions for [[responsible government]]. Some delegates to the 1898 Constitutional Convention favoured a section similar to the Bill of Rights of the [[United States Constitution]], but this was decided against. - -To ensure popular support, the 1898 draft was presented to the electors of each colony. After one failed attempt, an amended draft was submitted to the electors of each colony except [[Western Australia]]. After ratification by the five colonies, the Bill was presented to the [[British Imperial Parliament]] with an Address requesting [[Queen Victoria]] to enact the Bill. - -Prior to the bill's enactment, a final change was made after lobbying by the colonial Chief Justices. This change established a right to appeal from the [[High Court of Australia|High Court]] to the [[Privy Council]]. After the change, the 'Commonwealth of Australia Constitution Act' was passed by the British Parliament in 1900. [[Western Australia]] then agreed to join the Commonwealth in order to ensure it would be an 'original state'. The Commonwealth of Australia was then officially established on 1 January 1901. - -=== After federation === -At federation, six British colonies became a single federated nation. Some British Imperial laws remained in force, together with those of the Australian legislatures; although, according to [[Robert Menzies]], "the real and administrative legislative independence of Australia (was) never challenged" after the creation of the Commonwealth.<ref>{{cite news|last=Menzies|first=Robert|date=25 August 1937|title=Statute of Westminster Adoption Bill 1937: Second Reading|publisher=Hansard – Parliament of Australia|url=https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=HANSARD80;id=hansard80%2Fhansardr80%2F1937-08-25%2F0051;query=Id%3A%22hansard80%2Fhansardr80%2F1937-08-25%2F0049%22}}</ref> The formal power of the British Imperial parliament to legislate with effect in Australia was restricted by the UK's passage in 1931 of the [[Statute of Westminster 1931|Statute of Westminster]], adopted into Australian law by the [[Statute of Westminster Adoption Act 1942]]. The adoption act acceded Australia to the Statute of Westminster retroactively, with the date set to 3 September 1939, when Australia along with the rest of the British Empire entered World War II. -[[File:Australia_Act_1986.jpg|thumb|260x260px|Photo of the ''Australia Act 1986'' (United Kingdom) document located in [[Parliament House, Canberra]]]] -Australia arguably did not achieve full, ''de jure'' independence from the UK until 1986, with the passage of the [[Australia Act 1986|Australia Act]]. That act formally ended the UK parliament's ability to legislate over Australian states, and also abolished all appeals from [[Australian court hierarchy|Australian courts]] to the [[Judicial Committee of the Privy Council|Privy Council]]. - -In 1988, the original copy of the Commonwealth of Australia Constitution Act 1900 from the [[Public Record Office]] in London was lent to Australia for the purposes of the [[Australian Bicentenary]]. The Australian government requested permission to keep the copy, and the British Parliament agreed by passing the [[Australian Constitution (Public Record Copy) Act 1990]]. The copy was given to the [[National Archives of Australia]]. A curiosity of the document's history is that the act remains in force as a statute of the UK in its original form,<ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.uk/ukpga/Vict/63-64/12/contents/enacted|access-date=11 July 2020|website=legislation.gov.uk}}</ref> while in Australia it has force with the constitutional amendments made by referendum (its preamble and the covering clauses have never been amended).<ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.au/Details/C2013Q00005|access-date=11 July 2020 |website=[[Federal Register of Legislation]]}}</ref> Australian High Court judges have discussed in ''[[Obiter dictum|obiter]]'' that the constitution's source of lawful authority may no longer reside in the imperial parliament, but may instead now derive its lawful authority from the Australian people.<ref name=":1">{{Cite book|last=Saunders|first=Cheryl|title=The Constitution of Australia - A Contextual Analysis|publisher=Hart Publishing|year=2010|isbn=9781841137346}}</ref> - -Following the [[2017–18 Australian parliamentary eligibility crisis]], there was discussion of whether to retain or replace the current constitution.<ref>{{cite news|date=17 August 2017|title=The constitution is broken and out of date — we should abolish it and start again|language=en-AU|work=www.abc.net.au|url=https://www.abc.net.au/news/2017-08-18/abolish-the-constitution-and-start-again/8816488|access-date=1 October 2020}}</ref><ref>{{cite news|date=27 November 2017|title=Principles for a new Australian Constitution|work=The Mandarin|url=https://www.themandarin.com.au/86529-principles-new-australian-constitution/}}</ref> Former Prime Minister [[Bob Hawke]] advocated for getting "rid of the constitution we've got", and replacing the constitution with a system that does not include states.<ref>{{cite news|date=16 August 2017|title=Howard, Hawke criticise career politicians 'with no life experience'|language=en-AU|work=www.abc.net.au|url=https://www.abc.net.au/news/2017-08-17/john-howard-and-bob-hawke-criticise-career-politicians/8814572|access-date=1 October 2020}}</ref> - -====Commemoration==== -Constitution Day is celebrated on 9 July,<ref>{{cite web|title=Constitution Day|url=http://www.naa.gov.au/visit-us/events/constitution-day/index.aspx|url-status=live|archive-url=https://web.archive.org/web/20140222000500/http://naa.gov.au/visit-us/events/constitution-day/index.aspx|archive-date=22 February 2014|publisher=[[National Archives of Australia]]}}</ref> the date the constitution became law in 1900. The date is not a public holiday. Constitution Day was first held on 9 July 2000 to mark the centenary of the constitution in the lead up to the [[Federation of Australia|Centenary of Federation]]. Further events have not been widely held since 2001. The day was revived in 2007 and is jointly organised by the [[National Archives of Australia|National Archives]] and the [[Department of Immigration and Citizenship (Australia)|Department of Immigration and Citizenship]].<ref>{{cite web|date=9 July 2008|title=Constitution Day Celebrations|url=http://www.alp.org.au/media/0708/mssms090.php|url-status=dead|archive-url=https://web.archive.org/web/20080719045242/http://www.alp.org.au/media/0708/mssms090.php|archive-date=19 July 2008}}</ref> - -== Document structure and text == -[[File:Commonwealth_of_Australia_Constitution_Act_(The_Constitution)_as_at_2013.pdf|thumb|The constitution as amended]] - -=== Covering clauses === -The ''Commonwealth of Australia Constitution Act 1900'' (Imp) consists of nine sections. Section 9 contains the constitution. Since the constitution itself is divided into "sections", sections 1 to 8 of the Act have come to be known for convenience as the "covering clauses". The second covering clause is interpretive, specifying that throughout the Act references to "the Queen" are (in effect) references to whoever is the monarch in the UK. In this period, "the Crown" was considered to be the same entity everywhere in the British Empire. Although that is no longer assumed, the rules of succession remain almost unchanged. - -=== Main document === -The constitution is divided into eight chapters, collectively containing 128 sections. The first three chapters state the respective powers of the legislature, executive, and judiciary. This split into three chapters has been interpreted by the High Court as giving rise to a substantive separation of powers doctrine in Australia.<ref>{{cite journal|last=Spry|first=Max|year=1995–96|title=The Executive Power of the commonwealth: its scope and limits|url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp28|url-status=live|series=Research Paper 28 Last reviewed 19 July 2004 by the Parliamentary Library Web Manager|archive-url=https://web.archive.org/web/20160308015006/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp28|archive-date=8 March 2016}}</ref> - -[[Chapter I of the Constitution of Australia|'''Chapter I: The Parliament''']] sets up the legislative branch of government. Its constituent parts are stated to be the [[Monarchy of Australia|Sovereign]] (represented by the [[Governor-General of Australia|Governor-General]]), the [[Australian Senate|Senate]], and the [[Australian House of Representatives|House of Representatives]]. It provides for the number of representatives to attend each body, and provides that the representatives attending both must be chosen directly by the electorate. Each electorate of the house of representatives is to be apportioned equally by population, whereas senators are allocated unevenly between "original states", the territories, and future states (of which none presently exist). The house of representatives is required to have twice as many members as the senate. Chapter I also defines the role of the monarch in relation to the legislature, although the monarch's own powers over legislation are now regarded as defunct. - -The chapter notably also provides for the powers of the Commonwealth parliament. The parliament is not granted [[plenary power]] by the constitution. [[Section 51 of the Australian Constitution|Section 51]] contains a list of enumerated topics that the Commonwealth parliament is permitted to legislate upon. States may also legislate upon these topics, but [[Section 109 of the Australian Constitution|Commonwealth law prevails]] in the event of inconsistency between the laws. Section 52 contains a brief list of topics that only the Commonwealth may legislate upon. Some relevant powers of the Governor-General are provided here: to summon, prorogue or dissolve the federal parliament, and to give or refuse royal assent to federal bills. - -Other matters dealt within the chapter include eligibility issues for voting or standing in elections; and miscellaneous matters regarding parliamentary procedures and allowances. - -[[Chapter II of the Constitution of Australia|'''Chapter II: The Executive Government''']] sets up the executive branch. Executive power is stated to be exercised by the [[Governor-General of Australia|Governor-General]], who appoints a [[Federal Executive Council (Australia)|Federal Executive Council]] and is to act "with" its advice. The Governor-General is empowered to appoint and dismiss ministers, and is the ceremonial commander-in-chief of the Australian armed forces. This colonial model differs substantially from the reality, which since Federation has followed [[Constitutional convention (political custom)#Australia|constitutional convention]] drawn from the United Kingdom.{{cn|date=August 2021}} By convention, almost all executive authority is exercised by a [[Prime Minister of Australia|prime minister]] and a [[Cabinet of Australia|cabinet]].{{cn|date=August 2021}}. - -[[File:High_Court_of_Australia_(6769096715).jpg|alt=|thumb|Chapter III establishes [[The High Court of Australia|the High Court]] as Australia's apex court]] -[[Chapter III Court|'''Chapter III: The Judicature''']] sets up the judicial branch. Commonwealth judicial power is vested in a federal supreme court to be called the High Court of Australia. The parliament is authorised to create federal courts, and to vest the exercise of federal judicial power within the courts of the states. Section 74 (now defunct) provides for the circumstances in which an appeal may be made to the [[Judicial Committee of the Privy Council|Queen in Council]], section 75 provides for the High Court's jurisdiction, and section 80 guarantees trial by jury for [[indictable offence]]s against the Commonwealth. - -[[Chapter IV of the Constitution of Australia|'''Chapter IV: Finance and Trade''']] deals with commercial matters within the federation. Section 81 prescribes all Commonwealth revenue to a [[Consolidated Revenue Fund#Australia|Consolidated Revenue Fund]], and s90 gives the Commonwealth exclusive power over custom and excise duties. [[Section 51(i) of the Australian Constitution#Section 92 of the Constitution|Section 92]] is notable for prescribing 'absolutely free' trade and commerce between the states. Section 96 allows the Commonwealth to make grants on terms determined by Parliament. Section 101 sets up an [[Inter-State Commission]], now defunct. - -[[Chapter V of the Constitution of Australia|'''Chapter V: The States''']] contains provisions dealing with the states and their role in the federal system. Sections 106-108 preserve the powers of the states, section 109 provides that Commonwealth legislation prevails over that of a state to the extent of any inconsistency. Section 111 provides for surrender of state territory to the Commonwealth, section 114 forbids states to raise military forces without Commonwealth permission, and also forbids the Commonwealth to tax property of a state government and the reverse. Section 116 forbids the Commonwealth to establish a national religion, to impose any religious observance or prohibit the free exercise of any religion, or to impose a religious test for office. - -[[Chapter VI of the Constitution of Australia|'''Chapter VI: New States''']] allows for the establishment or admission of new states, and allows parliament to provide for representation of the territories. It also provides that state boundaries must require the consent of a state before alteration by referendum. - -'''Chapter VII: Miscellaneous''' contains provisions on varied topics. Section 125 establishes Melbourne as the nation's temporary capital, while providing for the eventual capital to be established within [[New South Wales]] but no less than {{convert|100|mi|km|spell=in}} from [[Sydney]]. In 1911 New South Wales ceded to the Commonwealth what is now the [[Australian Capital Territory]]. [[Canberra]], built within it, was declared the national capital in 1913. Section 126 permits the Governor-General to appoint deputies. - -[[Section 127 of the Australian Constitution|Section 127]] provided that "aboriginal natives" were not to be included in headcounts for electoral purposes. That section was [[Australian referendum, 1967 (Aboriginals)|removed by referendum]] in 1967.<ref>{{cite web|last=Korff|first=Jens|date=8 October 2014|title=Australian 1967 Referendum|url=https://www.creativespirits.info/aboriginalculture/history/australian-1967-referendum|access-date=9 November 2016|website=creativespirits.info}}</ref> - -[[Chapter VIII of the Constitution of Australia|'''Chapter VIII: Alteration of the Constitution''']] is a single section providing for amendments. It prescribes that alterations may only occur through a referendum bill being approved at a national referendum. A national referendum under this section requires a 'double majority' to be valid, which consists of a majority return of electors nationally, and a majority return in a majority of states. - -===Schedule=== -{{See also|Oath of Allegiance (Australia)}}The constitution also contains a schedule setting out the wording of the oath and affirmation of allegiance.<ref name="sch 12">''Constitution (Cth)'' [http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/sch1.html Schedule 1 Oath].</ref> By convention, the Governor-General and members of parliament are required to swear an oath or affirmation of allegiance before taking office. - -The oath reads: -{{quote|I, (name), do swear that I will well and truly serve His Majesty King Charles the Third, His heirs and successors according to law, in the office of Governor-General of the Commonwealth of Australia, and I will do right to all manner of people after the laws and usages of the Commonwealth of Australia, without fear or favour, affection or ill will. So help me God!<ref>{{cite web |url=http://www.gg.gov.au/oath-office |title=Oath of Office |publisher=Office of the Official Secretary to the Governor-General |access-date=15 January 2018 |archive-url=https://web.archive.org/web/20140126092551/http://www.gg.gov.au/oath-office |archive-date=26 January 2014 |url-status=dead }}</ref>}} -By convention the [[Oath of office|oath or affirmation of office]] made by a prime minister, ministers and parliamentary secretaries when entering office is not that contained within this schedule. Rather, it is determined by the prime minister of the day, and administered to them by the Governor-General. This convention has been in place since 1901.<ref>{{cite web|title=Oaths and affirmations made by the executive and members of federal parliament since 1901|url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/OathsAffirmations#_Toc358025341|url-status=live|archive-url=https://web.archive.org/web/20160307144419/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/OathsAffirmations|archive-date=7 March 2016|publisher=Parliamentary Library, Department of Parliamentary Services}}</ref> - -== Unwritten conventions == -[[Constitutional convention (political custom)|Constitutional conventions]] are an important part of the Australian constitution. Despite being unwritten, they are understood to be incorporated within the document.{{NoteTag|This has been mentioned multiple times by the [[High Court of Australia]].}} - -The conventions primarily derive from the unwritten parliamentary conventions within the [[Westminster system]] of [[responsible government]]. - -Some notable conventions include the existence of the [[Prime Minister of Australia]], as head of cabinet in council. Another is that the Governor-General by convention acts on the advice of the Prime Minister. - -[[Advice (constitutional)|Advice]] to the Governor-General is given by the prime minister and, also by convention, the prime minister's advice is ordinarily to be followed. There may, however, be circumstances in which a Governor-General has to act, or may choose to act, without or against prime ministerial advice. These include a situation where, following a general election, no party has an overall majority in the House of Representatives, so that the Governor-General has to choose a prime minister without a prime minister to give advice. Such discretions are known as the Governor-General's "reserve powers",{{NoteTag|Not to be confused with "reserved powers" of the states.}} but it is uncertain what they include and it remains highly controversial that [[1975 Australian constitutional crisis|in 1975 a Governor-General dismissed]] a prime minister who, in the Governor-General's opinion, was unable to obtain supply.<ref>{{cite book |editor-last = Gerangelos |editor-first = George A. |title = Winterton's Australian Federal Constitutional Law |year=2017 |edition=4th |publisher = Thomson Reuters |location = Pyrmont, NSW |isbn = 978-0-45523-972-9 |page=236 }}</ref><ref>{{cite book |last1=Williams |first1=George |author1-link = George Williams (lawyer) |last2= Brennan |first2=Sean |last3 = Lynch |first3=Andrew |title = Blackshield and Williams Australian Constitutional Law and Theory |year=2018 |edition=7th |publisher = Federation Press |location = Annandale, NSW |isbn=978-1-76002-151-1 |pages=<!--in 6th edn, pages 357-365 of 10.14-16-->}}</ref> - -=== Unwritten conventions during the dismissal === -The nature of constitutional conventions gave rise to controversy during [[1975 Australian constitutional crisis|the dismissal]] of the [[Whitlam Government]] in 1975. In that episode, the Governor-General Sir [[John Kerr (Governor-General)|John Kerr]] dismissed the Labor Prime Minister [[Gough Whitlam]], and appointed the Liberal opposition leader [[Malcolm Fraser]] as caretaker Prime Minister pending the 1975 general election. Multiple conventions were broken during the dismissal including: - -* The convention that, in the event of a Senate vacancy, the state government would nominate a replacement from the same political party. This convention was broken by the [[Tom Lewis (Australian politician)|Lewis]] government of [[New South Wales]].<ref name="Whitlam2">Gough Whitlam. ''The Truth of the Matter''. Penguin. 1979 (Reprint: Melbourne University Press. 2005.)</ref> Notably, this unwritten convention was later formally incorporated into the written constitution via [[Australian referendum, 1977 (Senate Casual Vacancies)|national referendum in 1977]].<ref>{{cite web |title = Reflections from the Seventies (transcript) |url = http://www.abc.net.au/4corners/stories/s350401.htm |url-status=dead |archive-url = https://web.archive.org/web/20090109202212/http://www.abc.net.au/4corners/stories/s350401.htm |archive-date = 9 January 2009 |access-date = 13 January 2010 |publisher=[[ABC Television (Australian TV network)|ABC TV]] [[Four Corners (Australian TV program)|Four Corners]]}}</ref> -* The convention that a Prime Minister who cannot obtain supply must first either request that the governor general call a general election, or resign. Gough Whitlam broke this convention by refusing to call an election after the Senate's block of supply.<ref>{{cite web |date = 11 November 1975 |title = Sir John Kerr's Statement of Reasons |url = http://whitlamdismissal.com/1975/11/11/kerr-statement-of-reasons.html |url-status=live |archive-url = https://web.archive.org/web/20160416042105/http://whitlamdismissal.com/1975/11/11/kerr-statement-of-reasons.html |archive-date = 16 April 2016 }}</ref> - -==Interpretation== -{{Further|Australian constitutional law}} -The High Court is primarily responsible for interpreting the constitution. The legal doctrines historically applied by the court its process have varied. Some such doctrines have included the '[[Separation of powers in Australia|separation of powers]]', '[[Intergovernmental immunity (Australia)|intergovernmental immunities]]', and '[[Reserved powers doctrine|reserved state powers]]'. - -While the document does not include a bill of rights, some rights and/or restrictions are expressly stated. Among these are the [[Section 80 of the Constitution of Australia|section 80 right to trial by jury for indictable offences]], the [[Section 51(xxxi) of the Constitution of Australia|section 51(xxxi) right to just compensation]], and the [[Section 117 of the Constitution of Australia|section 117 right against discrimination based on state residence]]. [[Section 116 of the Constitution of Australia|Section 116]], which limits Commonwealth legislative power concerning religion, indirectly provides individuals with rights of religious observance and other exercise of religion, and freedom from religious tests for office. - -The High Court has also read a number of important legal implications into the document. One of these is the '[[Australian constitutional law#Freedom of political communication|freedom of political communication]]', the other is a [[Roach v Electoral Commissioner|freedom of interference from voting in]] elections. Both doctrines are born of the section 7 and section 24 requirements that representatives in Australia's houses of parliament be 'directly chosen by the people'.<ref>{{Cite AustLII|HCA|43|2007|litigants=[[Roach v Electoral Commissioner]]|parallelcite=(2007) [[Commonwealth Law Reports|CLR]] 162}}.</ref><ref>{{Cite AustLII|HCA|25|1997|litigants=[[Lange v Australian Broadcasting Corporation]]|parallelcite=189 [[Commonwealth Law Reports|CLR]] 520}}.</ref> These implications, which limit Commonwealth legislative power, have been characterised as 'freedoms' or 'guarantees' by members of the High Court, and the court has been wary of describing them as 'implied rights' or 'implied constitutional rights'.<ref name=":0">{{Cite web|title=Stone, Adrienne --- "Rights, Personal Rights and freedoms: The Nature of the Freedom of Political Communication" [2001] UMelbLRS 1|url=http://www.austlii.edu.au/au/journals/UMelbLRS/2001/1.html|access-date=2020-08-29|website=www.austlii.edu.au}}</ref> [[Adrienne Stone|Some scholars]] have argued that the High Court's purported distinction between a 'right' versus a 'freedom' is misleading and/or little more than semantic, but it is still used by the court.<ref name=":0" /> - -While the incumbent monarch is [[Charles III|King Charles III]],<ref>The effect of ''Commonwealth of Australia Constitution Act 1900'', section (covering clause) 2.</ref> his capacity as king of Australia is separate to his capacities as monarch to other nations.<ref name="HOZ">''R v Foreign Secretary; Ex parte Indian Association'' [1982] [[Queen's Bench Law Reports|QB]] 892 at 928; approved by the High Court of Australia in {{cite AustLII|HCA|30|1999|litigants=[[Sue v Hill]]|parallelcite=199 [[Commonwealth Law Reports|CLR]] 462|pinpoint=[57]}}.</ref> - -== Alterations to the constitution == - -=== Historical referendums and amendments === -{{Main|Referendums in Australia|Category:Amendments to the Constitution of Australia}} -Amendment to the constitution requires a [[referendum]] in which the amending act is approved by a majority in at least four states, as well as a nationwide majority. - -Forty-four proposals to amend the constitution have been voted on at referendums, only eight of which have been approved. The eight proposals that have achieved approval are: - -* [[1906 Australian referendum|1906]] – [[1906 Australian referendum|Senate Elections]]{{spaced ndash}}amended section 13 to slightly alter the length and dates of senators' terms of office. -* [[1910 Australian referendum|1910]] – [[Australian referendum, 1910 (State Debts)|State Debts]]{{spaced ndash}}amended section 105 to extend the power of the Commonwealth to take over pre-existing state debts, to debts incurred by a state at any time. -* [[1928 Australian referendum|1928]] – [[1928 Australian referendum|State Debts]]{{spaced ndash}}inserted section 105A to ensure the constitutional validity of the financial agreement reached between the Commonwealth and state governments in 1927. -* [[1946 Australian referendum|1946]] – [[Australian referendum, 1946 (Social Services)|Social Services]]{{spaced ndash}}inserted section 51 (xxiiiA) to extend the power of the Commonwealth over a range of social services. -* [[1967 Australian referendum|1967]] – [[1967 Australian referendum (Aboriginals)|Aboriginal Australians]]{{spaced ndash}}amended section 51 (xxvi) to extend the powers of the Commonwealth to [[Indigenous Australians]] in states; repealed [[section 127 of the Constitution of Australia|section 127]] preventing the inclusion of all Indigenous Australians in population counts for constitutional purposes. -* [[1977 Australian referendum|1977]] – Three amendments: First to ensure [[Australian referendum, 1977 (Senate Casual Vacancies)|Senate casual vacancies]] be filled by a member of the same political party; [[1977 Australian referendum (Referendums)|Second]] to allow residents of Australian [[States and territories of Australia|territories]] to vote in referendums; [[1977 Australian referendum (Retirement of Judges)|Third]] to mandate a retirement age of 70 for judges in [[Judiciary of Australia|federal courts]]. - -=== Existing major amendment proposals === -Multiple ongoing debates exist regarding changes to the Australian constitution. These include debates on the inclusion of a preamble, proposals for an Australian republic, and addition of a formal recognition and/or Indigenous 'voice' to the document. - -==== Inclusion of a preamble ==== -{{Main|Australian referendum, 1999 (Preamble)}} -The Australian constitution does not itself contain a [[preamble]], although an [[List of enacting formulae|enacting formula]] prefaces the document as passed in the UK Parliament. - -Proposals to include a preamble have been controversial, one argument being that the inclusion of a preamble could affect the High Court's interpretations of other provisions within the document. - -In 1999, a proposed preamble principally authored by the then [[Prime Minister of Australia|Prime Minister]] [[John Howard]] was defeated in a referendum concurrent to that on a proposal to become a [[1999 Australian republic referendum|republic]]. - -====Republic proposals==== -{{Main|Republicanism in Australia}} -Debates on whether Australian should become a republic have existed since Federation. - -In November 1999 a referendum was held as to whether the Queen and the Governor-General ought be removed from the constitution, to be replaced with a President. The referendum failed to carry. - -====Indigenous recognition and voice==== -{{Main|Constitutional recognition of Indigenous Australians}} -Since 1910, there have been calls for constitutional reform to recognise Indigenous Australians.<ref>{{cite book |author1=Expert Panel on Constitutional Recognition of Indigenous Australians |title=Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution : Report of the Expert Panel |date=2012 |publisher=Commonwealth of Australia |location=Canberra |isbn=9781921975295|url=https://antar.org.au/sites/default/files/expert_panel_report_.pdf |access-date=15 September 2020 |chapter=1.7 Early voices for change|page=28–31}}</ref> In 1967, the constitution was amended providing the Commonwealth with the power to legislate for all Indigenous Australians by removing the restriction preventing the Commonwealth from legislating in states.<ref>{{cite book |author1=Expert Panel on Constitutional Recognition of Indigenous Australians |title=Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution : Report of the Expert Panel |date=2012 |publisher=Commonwealth of Australia |location=Canberra |isbn=9781921975295|url=https://antar.org.au/sites/default/files/expert_panel_report_.pdf |access-date=15 September 2020 |chapter=1.8 The 1967 referendum |page=31}}</ref> At the same time, a limitation on including all Indigenous Australians in population counts for constitutional purposes was removed, which in 1967 was relevant only to section 24.{{sfn|Sawer|1966|p=25-26,30}}{{sfn|Arcioni|2012|p=300-301}} Since those reforms, other proposals have emerged. Guaranteed parliamentary representatives, a constitutionally recognised voice, and an inclusion of Indigenous Australians in a preamble to the constitution; are all proposals that have been made to reform the Australian constitution to recognise Indigenous Australians. - -In his [[Closing the Gap]] speech in February 2020, Prime Minister [[Scott Morrison|Morrison]] reinforced the work of the Referendum Council, rejecting the idea of merely symbolic recognition, supporting a voice co-designed by Aboriginal and Torres Strait Islander people, "using the language of listening and empowerment". The Labor Party has supported a voice enshrined in the constitution for a long time, and so have many of Australia's left-leaning minor parties.<ref name="Davis 20202">{{cite web|last=Davis|first=Megan|date=17 February 2020|title=Constitutional recognition for Indigenous Australians must involve structural change, not mere symbolism|url=http://theconversation.com/constitutional-recognition-for-indigenous-australians-must-involve-structural-change-not-mere-symbolism-131751|access-date=20 July 2020|website=The Conversation}}</ref> - -==See also== -{{Portal|Australia|Law}} -*''[[Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013]]'' [[Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013|(South Australia)]] -* [[Constitutional economics]] -* [[Constitutionalism]] -* [[Indigenous treaties in Australia]] -* [[Process model (Australia)]] -* [[Secessionism in Western Australia]] -* [[State constitution (Australia)]] - -== Notes == -{{NoteFoot}} - -== References == -=== Citations === -{{Reflist}} - -=== Sources === -; [[Primary sources]] -{{refbegin}} -* {{cite web |title = ''Australia Act'' 1986 (Cth) |url = https://www.legislation.gov.au/Details/C2004A03181 |website = [[Federal Register of Legislation]] |access-date = 9 August 2019 |language = en-AU }} -* {{cite web |title = ''Australia Act'' 1986 (UK) |url = http://www.legislation.gov.uk/ukpga/1986/2 |website = [[legislation.gov.uk]] |access-date = 9 August 2019 |language = en-GB }} -* {{cite web |title = ''Australia (Request and Consent) Act'' 1985 (Cth) |url = https://www.legislation.gov.au/Details/C2004A03182 |website=[[Federal Register of Legislation]] |access-date = 14 January 2020 |language = en-AU }} -* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (NSW) |url = https://www.legislation.nsw.gov.au/#/view/act/1985/109/full |website = legislation.nsw.gov.au |access-date = 14 January 2020 |language = en-AU }} -* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Qld) |url = https://www.legislation.qld.gov.au/view/html/repealed/current/act-1985-069#Act-1985-069 |website = legislation.qld.gov.au |access-date = 14 January 2020 |language = en-AU }} -* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (SA) |url = https://www.legislation.sa.gov.au/LZ/C/A/AUSTRALIA%20ACTS%20(REQUEST)%20ACT%201985.aspx |website = legislation.sa.gov.au |access-date = 14 January 2020 |language = en-AU }} -* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Tas) |url = https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1985-099 |website = legislation.tas.gov.au |access-date = 14 January 2020 |language = en-AU }} -* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Vic) |url = http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt7.nsf/DDE300B846EED9C7CA257616000A3571/665C6AE5BAC2A999CA257A51007FCDFA/$FILE/85-10203aa003%20authorised.pdf |website = legislation.vic.gov.au |access-date = 14 January 2020 |language = en-AU }} -* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (WA) |url = https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a58.html |website = legislation.wa.gov.au |access-date = 14 January 2020 |language = en-AU }} -* {{cite web |title = ''Statute of Westminster Adoption Act'' 1942 |url = https://www.legislation.gov.au/Details/C2004C00661 |website = [[Federal Register of Legislation]] |access-date = 19 January 2020 |language = en-AU }} -* {{cite web |title = ''Statute of Westminster'' 1931 (Imp) |url = http://www.legislation.gov.uk/ukpga/Geo5/22-23/4 |website = legislation.gov.uk |access-date = 21 January 2020 |language = en-GB }} -* {{cite web |title = ''Commonwealth of Australia Constitution Act'' (The Constitution) (Cth) |url = https://www.legislation.gov.au/Details/C2013Q00005 |website = [[Federal Register of Legislation]] |access-date = 21 January 2020 |language = en-AU }} -* {{cite web |title = ''Commonwealth of Australia Constitution Act'' 1900 (Imp) |url = http://www.legislation.gov.uk/ukpga/Vict/63-64/12/enacted |website = legislation.gov.uk |access-date = 21 January 2020 |language = en-GB }} -* {{cite web |title = ''The Constitution together with Proclamation Declaring the Establishment of the Commonwealth, Letters Patent Relating to the Office of Governor‑General, Statute of Westminster Adoption Act 1942, Australia Act 1986 with Overview, Notes and Index'' (Cth) |url = https://www.legislation.gov.au/Details/C2005Q00193 |website = [[Federal Register of Legislation]] |access-date = 21 January 2020 |language = en-AU }} -{{refend}} - -; [[Secondary sources]] -{{refbegin}} -* {{cite journal |last = Arcioni |first = Elisa |title = Excluding Indigenous Australians from 'The People': A Reconsideration of Sections 25 and 127 of the Constitution |journal = Federal Law Review |year = 2012 |volume=40 |issue=3 |pages=287–315 |publisher = Australian National University |location = Canberra, ACT |doi = 10.22145/flr.40.3.1 |s2cid = 210774854 |issn = 1444-6928 |url = http://classic.austlii.edu.au/au/journals/FedLawRw/2012/12.html |access-date = 3 August 2020 }} -* {{cite book |editor-last = Gerangelos |editor-first = George A. |title = Winterton's Australian Federal Constitutional Law |year=2017 |edition=4th |publisher=Thomson Reuters |location = Pyrmont, NSW |isbn=978-0-45523-972-9 }} -* {{cite journal |last = Lindell |first = G. J. |title = Why is Australia's Constitution Binding? - The Reason in 1900 and Now, and the Effect of Independence |url = http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/FedLRev/1986/2.html |year=1986 |volume=16 |journal = Federal Law Review |pages=29–49 |doi = 10.1177/0067205X8601600102 |s2cid = 159157171 |access-date = 21 January 2020 }} -* {{cite book |last=Parkinson |first=Patrick |title = Tradition and Change in Australian Law |year =2012 |edition=5th |publisher=Thomson Reuters |location = Sydney, NSW |isbn=978-0-45523-079-5 }} -* {{cite book |author1=Quick, John |author2=Garran, Robert |name-list-style=amp | title = The Annotated Constitution of the Australian Commonwealth |url = https://archive.org/details/annotatedconstit00quicuoft |publisher = [[Angus & Robertson]] |year = 1901 |location = Sydney, NSW |isbn = 0-9596568-0-4 }} -* {{cite journal |last = Sawer |first = Geoffrey |title = The Australian Constitution and the Australian Aborigines |journal = Federal Law Review |year = 1966 |volume=2 |issue=1 |pages=17–36 |publisher= [[Australian National University]] |location = Canberra, ACT |doi = 10.1177/0067205X6600200102 |s2cid=159414135 |issn=1444-6928 |url = http://classic.austlii.edu.au/au/journals/FedLawRw/1967/2.pdf |access-date = 3 August 2020 }} -* {{cite book |last1=Williams |first1=George |author1-link = George Williams (lawyer) |last2= Brennan |first2=Sean |last3= Lynch |first3=Andrew |title = Blackshield and Williams Australian Constitutional Law and Theory |year=2018 |edition=7th |publisher = Federation Press |location = Annandale, NSW |isbn=978-1-76002-151-1 }} -{{refend}} - -==Further reading== -*{{cite book |title=A New Constitution for Australia |last=Harris |first=Bede |year=2013 |publisher=Routledge |isbn=978-1135315931 |page=174 |url=https://books.google.com/books?id=VWeOAgAAQBAJ}} -*{{cite book|url=https://global.oup.com/academic/product/the-oxford-handbook-of-the-australian-constitution-9780198738435?cc=au&lang=en&|editor1-last=Saunders|editor1-first=Cheryl|editor2-last=Stone|editor2-first=Adrienne|title=The Oxford Handbook of the Australian Constitution|location=Oxford|publisher=Oxford U.P.|year=2018|isbn=9780198738435}} - -==External links== -{{Wikisource|Commonwealth of Australia Constitution Act}} -* [https://www.legislation.gov.au/Details/C2013Q00005 Full text of the Constitution of Australia] with all amendments, from the [[Federal Register of Legislation]] -* {{cite web|url= http://www.comlaw.gov.au/Details/C2005Q00193/0332ed71-e2d9-4451-b6d1-33ec4b570e9f |title=Full text download }}&nbsp;{{small|(525&nbsp;KB)}} from the Federal Register of Legislation – ''The Constitution as in force on 1 June 2003 together with proclamation declaring the establishment of the Commonwealth, letters patent relating to the Office of Governor-General, Statute of Westminster Adoption Act 1942, Australia Act 1986.'' {{ISBN|0-642-78285-7}}. -* {{UK-LEG|Commonwealth of Australia Constitution Act 1900 (c. 12)|path=ukpga/Vict/63-64/12}} The Commonwealth of Australia Constitution Act 1900 (UK) as a British statute; does not include amendments to the Constitution itself. -* [http://www.foundingdocs.gov.au/item-sdid-82.html Commonwealth of Australia Constitution Act, 1900]. Entry on the origins, development, structure and evolution of the Australian constitution at [http://www.foundingdocs.gov.au/ Documenting a Democracy]. -* [http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution Full text (HTML) file of the Constitution]. From the [http://www.aph.gov.au/ Parliament of Australia web site]. -* Royal Commission of Assent signed by Queen Victoria which enacted the Constitution; see these web pages: [https://web.archive.org/web/20131111152456/http://www.naa.gov.au/visit-us/exhibitions/federation-gallery/commission-assent.aspx National Archives of Australia] and [http://foundingdocs.gov.au/item-sdid-83.html Documenting a Democracy]. -* [https://web.archive.org/web/20130603055610/http://www.mq.edu.au/about_us/faculties_and_departments/faculty_of_arts/mhpir/politics_and_international_relations/staff/john_kilcullen/a_first_reading_of_the_australian_constitution/ A First Reading Of The Australian Constitution] – side-by-side commentary notes by John Kilcullen, Macquarie University, 2004 -* [https://web.archive.org/web/20091019232631/http://www.ausconstitution.info/ConComm88/start.shtml Final Report of the Constitutional Commission Summary: 1988] -*[http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Records_of_the_Australasian_Federal_Conventions_of_the_1890s Records of the Australasian Federal Conventions of the 1890s] - -{{Constitution of Australia|state=expanded}} -{{Navboxes|list= -{{Politics of Australia}} -{{Australia topics}} -{{Oceania in topic|Constitution of}} -}} - -{{DEFAULTSORT:Constitution Of Australia}} -[[Category:Constitution of Australia| ]] -[[Category:1900 in Australian law]] -[[Category:Australian constitutional law| ]] -[[Category:1975 Australian constitutional crisis]] -[[Category:1901 in Australian law]] -[[Category:1901 in politics]] +eopo7xo7o4x4x64l123456789098765432`kfdh,dgdhgdkdhgdgkgdddghkddkdgkhgdkgdkhdhgdhkgdkgg '
New page size (new_size)
85
Old page size (old_size)
48609
Size change in edit (edit_delta)
-48524
Lines added in edit (added_lines)
[ 0 => 'eopo7xo7o4x4x64l123456789098765432`kfdh,dgdhgdkdhgdgkgdddghkddkdgkhgdkgdkhdhgdhkgdkgg' ]
Lines removed in edit (removed_lines)
[ 0 => '{{Short description|Federal constitution of 1900}}', 1 => '{{Use Australian English|date=July 2016}}', 2 => '{{Use dmy dates|date=September 2020}}', 3 => '{{Infobox constitution', 4 => '| document_name = Commonwealth of Australia Constitution', 5 => '| image = Constitution of Australia.jpg', 6 => '| orig_lang_code = en', 7 => '| title_orig =Commonwealth of Australia Constitution Act 1900 (UK), s. 9', 8 => '| jurisdiction = [[Australia]]', 9 => '| date_ratified = {{start date|1900|7|6|df=y}}', 10 => '| date_effective = {{start date|1901|1|1|df=y}}', 11 => '| system = [[Federal Government]]', 12 => '| branches = {{plainlist|', 13 => '* [[Australian Government|Executive]]', 14 => '* [[Parliament of Australia|Legislative]]', 15 => '* [[Judiciary of Australia|Judicial]]}}', 16 => '| chambers = {{plainlist|', 17 => '* [[House of Representatives (Australia)|House of Representatives]]', 18 => '* [[Australian Senate|Senate]]}}', 19 => '| executive = ''See [[Australian Government]]''', 20 => '| courts = ''See [[Judiciary of Australia]]''', 21 => '| number_amendments = ''See [[Referendums in Australia]]''', 22 => '| date_last_amended = ''See [[1977 Australian referendum (Retirement of Judges)]]''', 23 => '| location_of_document = [[National Archives of Australia]]', 24 => '| writer = [[Constitutional Convention (Australia)|Constitutional Conventions, 1891 and 1897-98]]', 25 => '| signers = [[Queen Victoria]]', 26 => '| supersedes = [[Australian Colonies Government Act|Australian Colonies Government Act 1850]]', 27 => '', 28 => '| wikisource = Commonwealth of Australia Constitution Act}}', 29 => '', 30 => 'The '''Constitution of Australia''' (or '''Australian Constitution''') is a [[written constitution|constitutional document]] that is [[Constitution|supreme law]] in [[Australia]]. It establishes Australia as a [[Federation of Australia|federation]] under a [[constitutional monarchy]] and outlines the structure and powers of the Australian government's three constituent parts, the [[Government of Australia|executive]], [[Parliament of Australia|legislature]], and [[Judiciary of Australia|judiciary]].', 31 => '', 32 => 'The constitution was drafted between 1891 and 1898, through a series of [[Constitutional Convention (Australia)|conventions]] conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a [[1898–1900 Australian constitutional referendums|set of referendums]] from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an [[Act of Parliament|act]] of the [[Parliament of the United Kingdom]]. The act was given [[royal assent]] on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901.<ref>{{cite web|url=https://www.legislation.gov.uk/ukpga/Vict/63-64/12/contents/enacted|title=Constitution of Australia Act 1900|website=legislation.gov.uk|access-date=11 July 2020}} The original text, as of 1900{{mdash}}still official in the UK.</ref><ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.au/Details/C2013Q00005|access-date=11 July 2020|website=[[Federal Register of Legislation]]}} The current text.</ref> The constitution gave the six colonies the status of [[States and territories of Australia|states]] within the new federation.', 33 => '', 34 => '[[Australian constitutional law]] has developed through the interpretation of the constitution by the [[High Court of Australia|High Court]]. As well as its textual provisions, the constitution is understood to incorporate various unwritten [[Constitutional convention (political custom)|constitutional conventions]] and ideas derived from the [[Westminster system]], one of which is [[responsible government]]. Although the 1900 act initially derived its legal authority from the UK Parliament, the present understanding of the High Court and some academics is that it now derives its legal authority from the Australian people.<ref>{{cite journal|last=Lindell|first=G. J.|year=1986|title=Why is Australia's Constitution Binding? - The Reason in 1900 and Now, and the Effect of Independence|url=http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/FedLRev/1986/2.html|journal=Federal Law Review|volume=16|page=29|doi=10.1177/0067205X8601600102|s2cid=159157171}}</ref> Other documents of constitutional significance to Australia include the [[Statute of Westminster 1931|Statute of Westminster]] and the ''[[Australia Act 1986]]''.', 35 => '', 36 => 'The document may only be amended by [[Referendums in Australia|referendum]], through the procedure set out in [[Section 128 of the Constitution of Australia|section 128]]. Amendments require a "double majority" – a nationwide majority as well as a majority of voters in a majority of states. This has contributed to the low number of successful amendments; forty-four referendums have been held but only eight amendments have been passed, [[1977 Australian referendum|most recently in 1977]]. Ongoing debates exist regarding further proposals for amendment, notably including the inclusion of a preamble, the replacement of the [[Monarchy of Australia|monarchy]] with [[Republicanism in Australia|a republic]], and the addition of an [[Indigenous voice to government]].', 37 => '', 38 => '==History==<!--text has no footnotes-->', 39 => '{{Main|Constitutional history of Australia}}', 40 => '', 41 => '=== Prior to federation ===', 42 => '{{Main|Federation of Australia}}', 43 => 'Political movements to federate the Australian colonies grew to prominence in the mid 19th century. Multiple motivations existed for increased political co-operation between the colonies; including a desire to regulate inter-colonial tariffs. Tensions existed however between the larger colonies and the smaller ones, and in the degree to which each colony embraced [[Protectionism|protectionist]] policies. Those tensions and the outbreak of the [[American Civil War]] harmed the political case for federalism in the 1850s and 60s.', 44 => '', 45 => 'In 1889 the [[Federal Council of Australasia]] was established. It arose out of a fear of the growing presence of German and French colonies in the Pacific, and a growing Australian identity. The council could legislate on certain subjects but did not have a permanent secretariat, an executive, or independent source of revenue. Perhaps most problematically [[New South Wales]], the largest colony, did not join the body.', 46 => '', 47 => 'A series of conferences to discuss federalism was promoted by the [[Premier of New South Wales]] [[Henry Parkes]]; the first held in 1890 at Melbourne, and another at Sydney in 1891. These conferences were attended by most colonial leaders. By the 1891 conference the federalist cause gained momentum. Discussion turned to what the proper system of federal government ought to be. A draft constitution was drawn up at the conference under the guidance of [[Sir Samuel Griffith]], however, these meetings lacked popular support. An additional problem was that this draft constitution sidestepped some critical issues like tariff policy. The 1891 draft was submitted to colonial parliaments, however it lapsed in New South Wales. After that event other colonies were unwilling to proceed.', 48 => '', 49 => 'In 1895, the six premiers of the Australian colonies agreed to establish a new Convention by popular vote. The Convention met over the course of a year from 1897 to 1898. The meetings produced a new draft which contained substantially the same principles of government as the 1891 draft, but with added provisions for [[responsible government]]. Some delegates to the 1898 Constitutional Convention favoured a section similar to the Bill of Rights of the [[United States Constitution]], but this was decided against.', 50 => '', 51 => 'To ensure popular support, the 1898 draft was presented to the electors of each colony. After one failed attempt, an amended draft was submitted to the electors of each colony except [[Western Australia]]. After ratification by the five colonies, the Bill was presented to the [[British Imperial Parliament]] with an Address requesting [[Queen Victoria]] to enact the Bill.', 52 => '', 53 => 'Prior to the bill's enactment, a final change was made after lobbying by the colonial Chief Justices. This change established a right to appeal from the [[High Court of Australia|High Court]] to the [[Privy Council]]. After the change, the 'Commonwealth of Australia Constitution Act' was passed by the British Parliament in 1900. [[Western Australia]] then agreed to join the Commonwealth in order to ensure it would be an 'original state'. The Commonwealth of Australia was then officially established on 1 January 1901.', 54 => '', 55 => '=== After federation ===', 56 => 'At federation, six British colonies became a single federated nation. Some British Imperial laws remained in force, together with those of the Australian legislatures; although, according to [[Robert Menzies]], "the real and administrative legislative independence of Australia (was) never challenged" after the creation of the Commonwealth.<ref>{{cite news|last=Menzies|first=Robert|date=25 August 1937|title=Statute of Westminster Adoption Bill 1937: Second Reading|publisher=Hansard – Parliament of Australia|url=https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=HANSARD80;id=hansard80%2Fhansardr80%2F1937-08-25%2F0051;query=Id%3A%22hansard80%2Fhansardr80%2F1937-08-25%2F0049%22}}</ref> The formal power of the British Imperial parliament to legislate with effect in Australia was restricted by the UK's passage in 1931 of the [[Statute of Westminster 1931|Statute of Westminster]], adopted into Australian law by the [[Statute of Westminster Adoption Act 1942]]. The adoption act acceded Australia to the Statute of Westminster retroactively, with the date set to 3 September 1939, when Australia along with the rest of the British Empire entered World War II.', 57 => '[[File:Australia_Act_1986.jpg|thumb|260x260px|Photo of the ''Australia Act 1986'' (United Kingdom) document located in [[Parliament House, Canberra]]]]', 58 => 'Australia arguably did not achieve full, ''de jure'' independence from the UK until 1986, with the passage of the [[Australia Act 1986|Australia Act]]. That act formally ended the UK parliament's ability to legislate over Australian states, and also abolished all appeals from [[Australian court hierarchy|Australian courts]] to the [[Judicial Committee of the Privy Council|Privy Council]].', 59 => '', 60 => 'In 1988, the original copy of the Commonwealth of Australia Constitution Act 1900 from the [[Public Record Office]] in London was lent to Australia for the purposes of the [[Australian Bicentenary]]. The Australian government requested permission to keep the copy, and the British Parliament agreed by passing the [[Australian Constitution (Public Record Copy) Act 1990]]. The copy was given to the [[National Archives of Australia]]. A curiosity of the document's history is that the act remains in force as a statute of the UK in its original form,<ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.uk/ukpga/Vict/63-64/12/contents/enacted|access-date=11 July 2020|website=legislation.gov.uk}}</ref> while in Australia it has force with the constitutional amendments made by referendum (its preamble and the covering clauses have never been amended).<ref>{{cite web|title=Constitution of Australia Act 1900|url=https://www.legislation.gov.au/Details/C2013Q00005|access-date=11 July 2020 |website=[[Federal Register of Legislation]]}}</ref> Australian High Court judges have discussed in ''[[Obiter dictum|obiter]]'' that the constitution's source of lawful authority may no longer reside in the imperial parliament, but may instead now derive its lawful authority from the Australian people.<ref name=":1">{{Cite book|last=Saunders|first=Cheryl|title=The Constitution of Australia - A Contextual Analysis|publisher=Hart Publishing|year=2010|isbn=9781841137346}}</ref>', 61 => '', 62 => 'Following the [[2017–18 Australian parliamentary eligibility crisis]], there was discussion of whether to retain or replace the current constitution.<ref>{{cite news|date=17 August 2017|title=The constitution is broken and out of date — we should abolish it and start again|language=en-AU|work=www.abc.net.au|url=https://www.abc.net.au/news/2017-08-18/abolish-the-constitution-and-start-again/8816488|access-date=1 October 2020}}</ref><ref>{{cite news|date=27 November 2017|title=Principles for a new Australian Constitution|work=The Mandarin|url=https://www.themandarin.com.au/86529-principles-new-australian-constitution/}}</ref> Former Prime Minister [[Bob Hawke]] advocated for getting "rid of the constitution we've got", and replacing the constitution with a system that does not include states.<ref>{{cite news|date=16 August 2017|title=Howard, Hawke criticise career politicians 'with no life experience'|language=en-AU|work=www.abc.net.au|url=https://www.abc.net.au/news/2017-08-17/john-howard-and-bob-hawke-criticise-career-politicians/8814572|access-date=1 October 2020}}</ref>', 63 => '', 64 => '====Commemoration====', 65 => 'Constitution Day is celebrated on 9 July,<ref>{{cite web|title=Constitution Day|url=http://www.naa.gov.au/visit-us/events/constitution-day/index.aspx|url-status=live|archive-url=https://web.archive.org/web/20140222000500/http://naa.gov.au/visit-us/events/constitution-day/index.aspx|archive-date=22 February 2014|publisher=[[National Archives of Australia]]}}</ref> the date the constitution became law in 1900. The date is not a public holiday. Constitution Day was first held on 9 July 2000 to mark the centenary of the constitution in the lead up to the [[Federation of Australia|Centenary of Federation]]. Further events have not been widely held since 2001. The day was revived in 2007 and is jointly organised by the [[National Archives of Australia|National Archives]] and the [[Department of Immigration and Citizenship (Australia)|Department of Immigration and Citizenship]].<ref>{{cite web|date=9 July 2008|title=Constitution Day Celebrations|url=http://www.alp.org.au/media/0708/mssms090.php|url-status=dead|archive-url=https://web.archive.org/web/20080719045242/http://www.alp.org.au/media/0708/mssms090.php|archive-date=19 July 2008}}</ref>', 66 => '', 67 => '== Document structure and text ==', 68 => '[[File:Commonwealth_of_Australia_Constitution_Act_(The_Constitution)_as_at_2013.pdf|thumb|The constitution as amended]]', 69 => '', 70 => '=== Covering clauses ===', 71 => 'The ''Commonwealth of Australia Constitution Act 1900'' (Imp) consists of nine sections. Section 9 contains the constitution. Since the constitution itself is divided into "sections", sections 1 to 8 of the Act have come to be known for convenience as the "covering clauses". The second covering clause is interpretive, specifying that throughout the Act references to "the Queen" are (in effect) references to whoever is the monarch in the UK. In this period, "the Crown" was considered to be the same entity everywhere in the British Empire. Although that is no longer assumed, the rules of succession remain almost unchanged.', 72 => '', 73 => '=== Main document ===', 74 => 'The constitution is divided into eight chapters, collectively containing 128 sections. The first three chapters state the respective powers of the legislature, executive, and judiciary. This split into three chapters has been interpreted by the High Court as giving rise to a substantive separation of powers doctrine in Australia.<ref>{{cite journal|last=Spry|first=Max|year=1995–96|title=The Executive Power of the commonwealth: its scope and limits|url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp28|url-status=live|series=Research Paper 28 Last reviewed 19 July 2004 by the Parliamentary Library Web Manager|archive-url=https://web.archive.org/web/20160308015006/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp28|archive-date=8 March 2016}}</ref>', 75 => '', 76 => '[[Chapter I of the Constitution of Australia|'''Chapter I: The Parliament''']] sets up the legislative branch of government. Its constituent parts are stated to be the [[Monarchy of Australia|Sovereign]] (represented by the [[Governor-General of Australia|Governor-General]]), the [[Australian Senate|Senate]], and the [[Australian House of Representatives|House of Representatives]]. It provides for the number of representatives to attend each body, and provides that the representatives attending both must be chosen directly by the electorate. Each electorate of the house of representatives is to be apportioned equally by population, whereas senators are allocated unevenly between "original states", the territories, and future states (of which none presently exist). The house of representatives is required to have twice as many members as the senate. Chapter I also defines the role of the monarch in relation to the legislature, although the monarch's own powers over legislation are now regarded as defunct.', 77 => '', 78 => 'The chapter notably also provides for the powers of the Commonwealth parliament. The parliament is not granted [[plenary power]] by the constitution. [[Section 51 of the Australian Constitution|Section 51]] contains a list of enumerated topics that the Commonwealth parliament is permitted to legislate upon. States may also legislate upon these topics, but [[Section 109 of the Australian Constitution|Commonwealth law prevails]] in the event of inconsistency between the laws. Section 52 contains a brief list of topics that only the Commonwealth may legislate upon. Some relevant powers of the Governor-General are provided here: to summon, prorogue or dissolve the federal parliament, and to give or refuse royal assent to federal bills.', 79 => '', 80 => 'Other matters dealt within the chapter include eligibility issues for voting or standing in elections; and miscellaneous matters regarding parliamentary procedures and allowances.', 81 => '', 82 => '[[Chapter II of the Constitution of Australia|'''Chapter II: The Executive Government''']] sets up the executive branch. Executive power is stated to be exercised by the [[Governor-General of Australia|Governor-General]], who appoints a [[Federal Executive Council (Australia)|Federal Executive Council]] and is to act "with" its advice. The Governor-General is empowered to appoint and dismiss ministers, and is the ceremonial commander-in-chief of the Australian armed forces. This colonial model differs substantially from the reality, which since Federation has followed [[Constitutional convention (political custom)#Australia|constitutional convention]] drawn from the United Kingdom.{{cn|date=August 2021}} By convention, almost all executive authority is exercised by a [[Prime Minister of Australia|prime minister]] and a [[Cabinet of Australia|cabinet]].{{cn|date=August 2021}}.', 83 => '', 84 => '[[File:High_Court_of_Australia_(6769096715).jpg|alt=|thumb|Chapter III establishes [[The High Court of Australia|the High Court]] as Australia's apex court]]', 85 => '[[Chapter III Court|'''Chapter III: The Judicature''']] sets up the judicial branch. Commonwealth judicial power is vested in a federal supreme court to be called the High Court of Australia. The parliament is authorised to create federal courts, and to vest the exercise of federal judicial power within the courts of the states. Section 74 (now defunct) provides for the circumstances in which an appeal may be made to the [[Judicial Committee of the Privy Council|Queen in Council]], section 75 provides for the High Court's jurisdiction, and section 80 guarantees trial by jury for [[indictable offence]]s against the Commonwealth.', 86 => '', 87 => '[[Chapter IV of the Constitution of Australia|'''Chapter IV: Finance and Trade''']] deals with commercial matters within the federation. Section 81 prescribes all Commonwealth revenue to a [[Consolidated Revenue Fund#Australia|Consolidated Revenue Fund]], and s90 gives the Commonwealth exclusive power over custom and excise duties. [[Section 51(i) of the Australian Constitution#Section 92 of the Constitution|Section 92]] is notable for prescribing 'absolutely free' trade and commerce between the states. Section 96 allows the Commonwealth to make grants on terms determined by Parliament. Section 101 sets up an [[Inter-State Commission]], now defunct.', 88 => '', 89 => '[[Chapter V of the Constitution of Australia|'''Chapter V: The States''']] contains provisions dealing with the states and their role in the federal system. Sections 106-108 preserve the powers of the states, section 109 provides that Commonwealth legislation prevails over that of a state to the extent of any inconsistency. Section 111 provides for surrender of state territory to the Commonwealth, section 114 forbids states to raise military forces without Commonwealth permission, and also forbids the Commonwealth to tax property of a state government and the reverse. Section 116 forbids the Commonwealth to establish a national religion, to impose any religious observance or prohibit the free exercise of any religion, or to impose a religious test for office.', 90 => '', 91 => '[[Chapter VI of the Constitution of Australia|'''Chapter VI: New States''']] allows for the establishment or admission of new states, and allows parliament to provide for representation of the territories. It also provides that state boundaries must require the consent of a state before alteration by referendum.', 92 => '', 93 => ''''Chapter VII: Miscellaneous''' contains provisions on varied topics. Section 125 establishes Melbourne as the nation's temporary capital, while providing for the eventual capital to be established within [[New South Wales]] but no less than {{convert|100|mi|km|spell=in}} from [[Sydney]]. In 1911 New South Wales ceded to the Commonwealth what is now the [[Australian Capital Territory]]. [[Canberra]], built within it, was declared the national capital in 1913. Section 126 permits the Governor-General to appoint deputies.', 94 => '', 95 => '[[Section 127 of the Australian Constitution|Section 127]] provided that "aboriginal natives" were not to be included in headcounts for electoral purposes. That section was [[Australian referendum, 1967 (Aboriginals)|removed by referendum]] in 1967.<ref>{{cite web|last=Korff|first=Jens|date=8 October 2014|title=Australian 1967 Referendum|url=https://www.creativespirits.info/aboriginalculture/history/australian-1967-referendum|access-date=9 November 2016|website=creativespirits.info}}</ref>', 96 => '', 97 => '[[Chapter VIII of the Constitution of Australia|'''Chapter VIII: Alteration of the Constitution''']] is a single section providing for amendments. It prescribes that alterations may only occur through a referendum bill being approved at a national referendum. A national referendum under this section requires a 'double majority' to be valid, which consists of a majority return of electors nationally, and a majority return in a majority of states.', 98 => '', 99 => '===Schedule===', 100 => '{{See also|Oath of Allegiance (Australia)}}The constitution also contains a schedule setting out the wording of the oath and affirmation of allegiance.<ref name="sch 12">''Constitution (Cth)'' [http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/sch1.html Schedule 1 Oath].</ref> By convention, the Governor-General and members of parliament are required to swear an oath or affirmation of allegiance before taking office.', 101 => '', 102 => 'The oath reads:', 103 => '{{quote|I, (name), do swear that I will well and truly serve His Majesty King Charles the Third, His heirs and successors according to law, in the office of Governor-General of the Commonwealth of Australia, and I will do right to all manner of people after the laws and usages of the Commonwealth of Australia, without fear or favour, affection or ill will. So help me God!<ref>{{cite web |url=http://www.gg.gov.au/oath-office |title=Oath of Office |publisher=Office of the Official Secretary to the Governor-General |access-date=15 January 2018 |archive-url=https://web.archive.org/web/20140126092551/http://www.gg.gov.au/oath-office |archive-date=26 January 2014 |url-status=dead }}</ref>}}', 104 => 'By convention the [[Oath of office|oath or affirmation of office]] made by a prime minister, ministers and parliamentary secretaries when entering office is not that contained within this schedule. Rather, it is determined by the prime minister of the day, and administered to them by the Governor-General. This convention has been in place since 1901.<ref>{{cite web|title=Oaths and affirmations made by the executive and members of federal parliament since 1901|url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/OathsAffirmations#_Toc358025341|url-status=live|archive-url=https://web.archive.org/web/20160307144419/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/OathsAffirmations|archive-date=7 March 2016|publisher=Parliamentary Library, Department of Parliamentary Services}}</ref>', 105 => '', 106 => '== Unwritten conventions ==', 107 => '[[Constitutional convention (political custom)|Constitutional conventions]] are an important part of the Australian constitution. Despite being unwritten, they are understood to be incorporated within the document.{{NoteTag|This has been mentioned multiple times by the [[High Court of Australia]].}}', 108 => '', 109 => 'The conventions primarily derive from the unwritten parliamentary conventions within the [[Westminster system]] of [[responsible government]].', 110 => '', 111 => 'Some notable conventions include the existence of the [[Prime Minister of Australia]], as head of cabinet in council. Another is that the Governor-General by convention acts on the advice of the Prime Minister.', 112 => '', 113 => '[[Advice (constitutional)|Advice]] to the Governor-General is given by the prime minister and, also by convention, the prime minister's advice is ordinarily to be followed. There may, however, be circumstances in which a Governor-General has to act, or may choose to act, without or against prime ministerial advice. These include a situation where, following a general election, no party has an overall majority in the House of Representatives, so that the Governor-General has to choose a prime minister without a prime minister to give advice. Such discretions are known as the Governor-General's "reserve powers",{{NoteTag|Not to be confused with "reserved powers" of the states.}} but it is uncertain what they include and it remains highly controversial that [[1975 Australian constitutional crisis|in 1975 a Governor-General dismissed]] a prime minister who, in the Governor-General's opinion, was unable to obtain supply.<ref>{{cite book |editor-last = Gerangelos |editor-first = George A. |title = Winterton's Australian Federal Constitutional Law |year=2017 |edition=4th |publisher = Thomson Reuters |location = Pyrmont, NSW |isbn = 978-0-45523-972-9 |page=236 }}</ref><ref>{{cite book |last1=Williams |first1=George |author1-link = George Williams (lawyer) |last2= Brennan |first2=Sean |last3 = Lynch |first3=Andrew |title = Blackshield and Williams Australian Constitutional Law and Theory |year=2018 |edition=7th |publisher = Federation Press |location = Annandale, NSW |isbn=978-1-76002-151-1 |pages=<!--in 6th edn, pages 357-365 of 10.14-16-->}}</ref>', 114 => '', 115 => '=== Unwritten conventions during the dismissal ===', 116 => 'The nature of constitutional conventions gave rise to controversy during [[1975 Australian constitutional crisis|the dismissal]] of the [[Whitlam Government]] in 1975. In that episode, the Governor-General Sir [[John Kerr (Governor-General)|John Kerr]] dismissed the Labor Prime Minister [[Gough Whitlam]], and appointed the Liberal opposition leader [[Malcolm Fraser]] as caretaker Prime Minister pending the 1975 general election. Multiple conventions were broken during the dismissal including:', 117 => '', 118 => '* The convention that, in the event of a Senate vacancy, the state government would nominate a replacement from the same political party. This convention was broken by the [[Tom Lewis (Australian politician)|Lewis]] government of [[New South Wales]].<ref name="Whitlam2">Gough Whitlam. ''The Truth of the Matter''. Penguin. 1979 (Reprint: Melbourne University Press. 2005.)</ref> Notably, this unwritten convention was later formally incorporated into the written constitution via [[Australian referendum, 1977 (Senate Casual Vacancies)|national referendum in 1977]].<ref>{{cite web |title = Reflections from the Seventies (transcript) |url = http://www.abc.net.au/4corners/stories/s350401.htm |url-status=dead |archive-url = https://web.archive.org/web/20090109202212/http://www.abc.net.au/4corners/stories/s350401.htm |archive-date = 9 January 2009 |access-date = 13 January 2010 |publisher=[[ABC Television (Australian TV network)|ABC TV]] [[Four Corners (Australian TV program)|Four Corners]]}}</ref>', 119 => '* The convention that a Prime Minister who cannot obtain supply must first either request that the governor general call a general election, or resign. Gough Whitlam broke this convention by refusing to call an election after the Senate's block of supply.<ref>{{cite web |date = 11 November 1975 |title = Sir John Kerr's Statement of Reasons |url = http://whitlamdismissal.com/1975/11/11/kerr-statement-of-reasons.html |url-status=live |archive-url = https://web.archive.org/web/20160416042105/http://whitlamdismissal.com/1975/11/11/kerr-statement-of-reasons.html |archive-date = 16 April 2016 }}</ref>', 120 => '', 121 => '==Interpretation==', 122 => '{{Further|Australian constitutional law}}', 123 => 'The High Court is primarily responsible for interpreting the constitution. The legal doctrines historically applied by the court its process have varied. Some such doctrines have included the '[[Separation of powers in Australia|separation of powers]]', '[[Intergovernmental immunity (Australia)|intergovernmental immunities]]', and '[[Reserved powers doctrine|reserved state powers]]'.', 124 => '', 125 => 'While the document does not include a bill of rights, some rights and/or restrictions are expressly stated. Among these are the [[Section 80 of the Constitution of Australia|section 80 right to trial by jury for indictable offences]], the [[Section 51(xxxi) of the Constitution of Australia|section 51(xxxi) right to just compensation]], and the [[Section 117 of the Constitution of Australia|section 117 right against discrimination based on state residence]]. [[Section 116 of the Constitution of Australia|Section 116]], which limits Commonwealth legislative power concerning religion, indirectly provides individuals with rights of religious observance and other exercise of religion, and freedom from religious tests for office.', 126 => '', 127 => 'The High Court has also read a number of important legal implications into the document. One of these is the '[[Australian constitutional law#Freedom of political communication|freedom of political communication]]', the other is a [[Roach v Electoral Commissioner|freedom of interference from voting in]] elections. Both doctrines are born of the section 7 and section 24 requirements that representatives in Australia's houses of parliament be 'directly chosen by the people'.<ref>{{Cite AustLII|HCA|43|2007|litigants=[[Roach v Electoral Commissioner]]|parallelcite=(2007) [[Commonwealth Law Reports|CLR]] 162}}.</ref><ref>{{Cite AustLII|HCA|25|1997|litigants=[[Lange v Australian Broadcasting Corporation]]|parallelcite=189 [[Commonwealth Law Reports|CLR]] 520}}.</ref> These implications, which limit Commonwealth legislative power, have been characterised as 'freedoms' or 'guarantees' by members of the High Court, and the court has been wary of describing them as 'implied rights' or 'implied constitutional rights'.<ref name=":0">{{Cite web|title=Stone, Adrienne --- "Rights, Personal Rights and freedoms: The Nature of the Freedom of Political Communication" [2001] UMelbLRS 1|url=http://www.austlii.edu.au/au/journals/UMelbLRS/2001/1.html|access-date=2020-08-29|website=www.austlii.edu.au}}</ref> [[Adrienne Stone|Some scholars]] have argued that the High Court's purported distinction between a 'right' versus a 'freedom' is misleading and/or little more than semantic, but it is still used by the court.<ref name=":0" />', 128 => '', 129 => 'While the incumbent monarch is [[Charles III|King Charles III]],<ref>The effect of ''Commonwealth of Australia Constitution Act 1900'', section (covering clause) 2.</ref> his capacity as king of Australia is separate to his capacities as monarch to other nations.<ref name="HOZ">''R v Foreign Secretary; Ex parte Indian Association'' [1982] [[Queen's Bench Law Reports|QB]] 892 at 928; approved by the High Court of Australia in {{cite AustLII|HCA|30|1999|litigants=[[Sue v Hill]]|parallelcite=199 [[Commonwealth Law Reports|CLR]] 462|pinpoint=[57]}}.</ref>', 130 => '', 131 => '== Alterations to the constitution ==', 132 => '', 133 => '=== Historical referendums and amendments ===', 134 => '{{Main|Referendums in Australia|Category:Amendments to the Constitution of Australia}}', 135 => 'Amendment to the constitution requires a [[referendum]] in which the amending act is approved by a majority in at least four states, as well as a nationwide majority.', 136 => '', 137 => 'Forty-four proposals to amend the constitution have been voted on at referendums, only eight of which have been approved. The eight proposals that have achieved approval are:', 138 => '', 139 => '* [[1906 Australian referendum|1906]] – [[1906 Australian referendum|Senate Elections]]{{spaced ndash}}amended section 13 to slightly alter the length and dates of senators' terms of office.', 140 => '* [[1910 Australian referendum|1910]] – [[Australian referendum, 1910 (State Debts)|State Debts]]{{spaced ndash}}amended section 105 to extend the power of the Commonwealth to take over pre-existing state debts, to debts incurred by a state at any time.', 141 => '* [[1928 Australian referendum|1928]] – [[1928 Australian referendum|State Debts]]{{spaced ndash}}inserted section 105A to ensure the constitutional validity of the financial agreement reached between the Commonwealth and state governments in 1927.', 142 => '* [[1946 Australian referendum|1946]] – [[Australian referendum, 1946 (Social Services)|Social Services]]{{spaced ndash}}inserted section 51 (xxiiiA) to extend the power of the Commonwealth over a range of social services.', 143 => '* [[1967 Australian referendum|1967]] – [[1967 Australian referendum (Aboriginals)|Aboriginal Australians]]{{spaced ndash}}amended section 51 (xxvi) to extend the powers of the Commonwealth to [[Indigenous Australians]] in states; repealed [[section 127 of the Constitution of Australia|section 127]] preventing the inclusion of all Indigenous Australians in population counts for constitutional purposes.', 144 => '* [[1977 Australian referendum|1977]] – Three amendments: First to ensure [[Australian referendum, 1977 (Senate Casual Vacancies)|Senate casual vacancies]] be filled by a member of the same political party; [[1977 Australian referendum (Referendums)|Second]] to allow residents of Australian [[States and territories of Australia|territories]] to vote in referendums; [[1977 Australian referendum (Retirement of Judges)|Third]] to mandate a retirement age of 70 for judges in [[Judiciary of Australia|federal courts]].', 145 => '', 146 => '=== Existing major amendment proposals ===', 147 => 'Multiple ongoing debates exist regarding changes to the Australian constitution. These include debates on the inclusion of a preamble, proposals for an Australian republic, and addition of a formal recognition and/or Indigenous 'voice' to the document.', 148 => '', 149 => '==== Inclusion of a preamble ====', 150 => '{{Main|Australian referendum, 1999 (Preamble)}}', 151 => 'The Australian constitution does not itself contain a [[preamble]], although an [[List of enacting formulae|enacting formula]] prefaces the document as passed in the UK Parliament.', 152 => '', 153 => 'Proposals to include a preamble have been controversial, one argument being that the inclusion of a preamble could affect the High Court's interpretations of other provisions within the document.', 154 => '', 155 => 'In 1999, a proposed preamble principally authored by the then [[Prime Minister of Australia|Prime Minister]] [[John Howard]] was defeated in a referendum concurrent to that on a proposal to become a [[1999 Australian republic referendum|republic]].', 156 => '', 157 => '====Republic proposals====', 158 => '{{Main|Republicanism in Australia}}', 159 => 'Debates on whether Australian should become a republic have existed since Federation.', 160 => '', 161 => 'In November 1999 a referendum was held as to whether the Queen and the Governor-General ought be removed from the constitution, to be replaced with a President. The referendum failed to carry.', 162 => '', 163 => '====Indigenous recognition and voice====', 164 => '{{Main|Constitutional recognition of Indigenous Australians}}', 165 => 'Since 1910, there have been calls for constitutional reform to recognise Indigenous Australians.<ref>{{cite book |author1=Expert Panel on Constitutional Recognition of Indigenous Australians |title=Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution : Report of the Expert Panel |date=2012 |publisher=Commonwealth of Australia |location=Canberra |isbn=9781921975295|url=https://antar.org.au/sites/default/files/expert_panel_report_.pdf |access-date=15 September 2020 |chapter=1.7 Early voices for change|page=28–31}}</ref> In 1967, the constitution was amended providing the Commonwealth with the power to legislate for all Indigenous Australians by removing the restriction preventing the Commonwealth from legislating in states.<ref>{{cite book |author1=Expert Panel on Constitutional Recognition of Indigenous Australians |title=Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution : Report of the Expert Panel |date=2012 |publisher=Commonwealth of Australia |location=Canberra |isbn=9781921975295|url=https://antar.org.au/sites/default/files/expert_panel_report_.pdf |access-date=15 September 2020 |chapter=1.8 The 1967 referendum |page=31}}</ref> At the same time, a limitation on including all Indigenous Australians in population counts for constitutional purposes was removed, which in 1967 was relevant only to section 24.{{sfn|Sawer|1966|p=25-26,30}}{{sfn|Arcioni|2012|p=300-301}} Since those reforms, other proposals have emerged. Guaranteed parliamentary representatives, a constitutionally recognised voice, and an inclusion of Indigenous Australians in a preamble to the constitution; are all proposals that have been made to reform the Australian constitution to recognise Indigenous Australians.', 166 => '', 167 => 'In his [[Closing the Gap]] speech in February 2020, Prime Minister [[Scott Morrison|Morrison]] reinforced the work of the Referendum Council, rejecting the idea of merely symbolic recognition, supporting a voice co-designed by Aboriginal and Torres Strait Islander people, "using the language of listening and empowerment". The Labor Party has supported a voice enshrined in the constitution for a long time, and so have many of Australia's left-leaning minor parties.<ref name="Davis 20202">{{cite web|last=Davis|first=Megan|date=17 February 2020|title=Constitutional recognition for Indigenous Australians must involve structural change, not mere symbolism|url=http://theconversation.com/constitutional-recognition-for-indigenous-australians-must-involve-structural-change-not-mere-symbolism-131751|access-date=20 July 2020|website=The Conversation}}</ref>', 168 => '', 169 => '==See also==', 170 => '{{Portal|Australia|Law}}', 171 => '*''[[Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013]]'' [[Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013|(South Australia)]] ', 172 => '* [[Constitutional economics]]', 173 => '* [[Constitutionalism]]', 174 => '* [[Indigenous treaties in Australia]]', 175 => '* [[Process model (Australia)]]', 176 => '* [[Secessionism in Western Australia]]', 177 => '* [[State constitution (Australia)]]', 178 => '', 179 => '== Notes ==', 180 => '{{NoteFoot}}', 181 => '', 182 => '== References ==', 183 => '=== Citations ===', 184 => '{{Reflist}}', 185 => '', 186 => '=== Sources ===', 187 => '; [[Primary sources]]', 188 => '{{refbegin}}', 189 => '* {{cite web |title = ''Australia Act'' 1986 (Cth) |url = https://www.legislation.gov.au/Details/C2004A03181 |website = [[Federal Register of Legislation]] |access-date = 9 August 2019 |language = en-AU }}', 190 => '* {{cite web |title = ''Australia Act'' 1986 (UK) |url = http://www.legislation.gov.uk/ukpga/1986/2 |website = [[legislation.gov.uk]] |access-date = 9 August 2019 |language = en-GB }}', 191 => '* {{cite web |title = ''Australia (Request and Consent) Act'' 1985 (Cth) |url = https://www.legislation.gov.au/Details/C2004A03182 |website=[[Federal Register of Legislation]] |access-date = 14 January 2020 |language = en-AU }}', 192 => '* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (NSW) |url = https://www.legislation.nsw.gov.au/#/view/act/1985/109/full |website = legislation.nsw.gov.au |access-date = 14 January 2020 |language = en-AU }}', 193 => '* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Qld) |url = https://www.legislation.qld.gov.au/view/html/repealed/current/act-1985-069#Act-1985-069 |website = legislation.qld.gov.au |access-date = 14 January 2020 |language = en-AU }}', 194 => '* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (SA) |url = https://www.legislation.sa.gov.au/LZ/C/A/AUSTRALIA%20ACTS%20(REQUEST)%20ACT%201985.aspx |website = legislation.sa.gov.au |access-date = 14 January 2020 |language = en-AU }}', 195 => '* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Tas) |url = https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1985-099 |website = legislation.tas.gov.au |access-date = 14 January 2020 |language = en-AU }}', 196 => '* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (Vic) |url = http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt7.nsf/DDE300B846EED9C7CA257616000A3571/665C6AE5BAC2A999CA257A51007FCDFA/$FILE/85-10203aa003%20authorised.pdf |website = legislation.vic.gov.au |access-date = 14 January 2020 |language = en-AU }}', 197 => '* {{cite web |title = ''Australia Acts (Request) Act'' 1985 (WA) |url = https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a58.html |website = legislation.wa.gov.au |access-date = 14 January 2020 |language = en-AU }}', 198 => '* {{cite web |title = ''Statute of Westminster Adoption Act'' 1942 |url = https://www.legislation.gov.au/Details/C2004C00661 |website = [[Federal Register of Legislation]] |access-date = 19 January 2020 |language = en-AU }}', 199 => '* {{cite web |title = ''Statute of Westminster'' 1931 (Imp) |url = http://www.legislation.gov.uk/ukpga/Geo5/22-23/4 |website = legislation.gov.uk |access-date = 21 January 2020 |language = en-GB }}', 200 => '* {{cite web |title = ''Commonwealth of Australia Constitution Act'' (The Constitution) (Cth) |url = https://www.legislation.gov.au/Details/C2013Q00005 |website = [[Federal Register of Legislation]] |access-date = 21 January 2020 |language = en-AU }}', 201 => '* {{cite web |title = ''Commonwealth of Australia Constitution Act'' 1900 (Imp) |url = http://www.legislation.gov.uk/ukpga/Vict/63-64/12/enacted |website = legislation.gov.uk |access-date = 21 January 2020 |language = en-GB }}', 202 => '* {{cite web |title = ''The Constitution together with Proclamation Declaring the Establishment of the Commonwealth, Letters Patent Relating to the Office of Governor‑General, Statute of Westminster Adoption Act 1942, Australia Act 1986 with Overview, Notes and Index'' (Cth) |url = https://www.legislation.gov.au/Details/C2005Q00193 |website = [[Federal Register of Legislation]] |access-date = 21 January 2020 |language = en-AU }}', 203 => '{{refend}}', 204 => '', 205 => '; [[Secondary sources]]', 206 => '{{refbegin}}', 207 => '* {{cite journal |last = Arcioni |first = Elisa |title = Excluding Indigenous Australians from 'The People': A Reconsideration of Sections 25 and 127 of the Constitution |journal = Federal Law Review |year = 2012 |volume=40 |issue=3 |pages=287–315 |publisher = Australian National University |location = Canberra, ACT |doi = 10.22145/flr.40.3.1 |s2cid = 210774854 |issn = 1444-6928 |url = http://classic.austlii.edu.au/au/journals/FedLawRw/2012/12.html |access-date = 3 August 2020 }}', 208 => '* {{cite book |editor-last = Gerangelos |editor-first = George A. |title = Winterton's Australian Federal Constitutional Law |year=2017 |edition=4th |publisher=Thomson Reuters |location = Pyrmont, NSW |isbn=978-0-45523-972-9 }}', 209 => '* {{cite journal |last = Lindell |first = G. J. |title = Why is Australia's Constitution Binding? - The Reason in 1900 and Now, and the Effect of Independence |url = http://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/FedLRev/1986/2.html |year=1986 |volume=16 |journal = Federal Law Review |pages=29–49 |doi = 10.1177/0067205X8601600102 |s2cid = 159157171 |access-date = 21 January 2020 }} ', 210 => '* {{cite book |last=Parkinson |first=Patrick |title = Tradition and Change in Australian Law |year =2012 |edition=5th |publisher=Thomson Reuters |location = Sydney, NSW |isbn=978-0-45523-079-5 }}', 211 => '* {{cite book |author1=Quick, John |author2=Garran, Robert |name-list-style=amp | title = The Annotated Constitution of the Australian Commonwealth |url = https://archive.org/details/annotatedconstit00quicuoft |publisher = [[Angus & Robertson]] |year = 1901 |location = Sydney, NSW |isbn = 0-9596568-0-4 }} ', 212 => '* {{cite journal |last = Sawer |first = Geoffrey |title = The Australian Constitution and the Australian Aborigines |journal = Federal Law Review |year = 1966 |volume=2 |issue=1 |pages=17–36 |publisher= [[Australian National University]] |location = Canberra, ACT |doi = 10.1177/0067205X6600200102 |s2cid=159414135 |issn=1444-6928 |url = http://classic.austlii.edu.au/au/journals/FedLawRw/1967/2.pdf |access-date = 3 August 2020 }}', 213 => '* {{cite book |last1=Williams |first1=George |author1-link = George Williams (lawyer) |last2= Brennan |first2=Sean |last3= Lynch |first3=Andrew |title = Blackshield and Williams Australian Constitutional Law and Theory |year=2018 |edition=7th |publisher = Federation Press |location = Annandale, NSW |isbn=978-1-76002-151-1 }}', 214 => '{{refend}}', 215 => '', 216 => '==Further reading==', 217 => '*{{cite book |title=A New Constitution for Australia |last=Harris |first=Bede |year=2013 |publisher=Routledge |isbn=978-1135315931 |page=174 |url=https://books.google.com/books?id=VWeOAgAAQBAJ}}', 218 => '*{{cite book|url=https://global.oup.com/academic/product/the-oxford-handbook-of-the-australian-constitution-9780198738435?cc=au&lang=en&|editor1-last=Saunders|editor1-first=Cheryl|editor2-last=Stone|editor2-first=Adrienne|title=The Oxford Handbook of the Australian Constitution|location=Oxford|publisher=Oxford U.P.|year=2018|isbn=9780198738435}}', 219 => '', 220 => '==External links==', 221 => '{{Wikisource|Commonwealth of Australia Constitution Act}}', 222 => '* [https://www.legislation.gov.au/Details/C2013Q00005 Full text of the Constitution of Australia] with all amendments, from the [[Federal Register of Legislation]]', 223 => '* {{cite web|url= http://www.comlaw.gov.au/Details/C2005Q00193/0332ed71-e2d9-4451-b6d1-33ec4b570e9f |title=Full text download }}&nbsp;{{small|(525&nbsp;KB)}} from the Federal Register of Legislation – ''The Constitution as in force on 1 June 2003 together with proclamation declaring the establishment of the Commonwealth, letters patent relating to the Office of Governor-General, Statute of Westminster Adoption Act 1942, Australia Act 1986.'' {{ISBN|0-642-78285-7}}.', 224 => '* {{UK-LEG|Commonwealth of Australia Constitution Act 1900 (c. 12)|path=ukpga/Vict/63-64/12}} The Commonwealth of Australia Constitution Act 1900 (UK) as a British statute; does not include amendments to the Constitution itself.', 225 => '* [http://www.foundingdocs.gov.au/item-sdid-82.html Commonwealth of Australia Constitution Act, 1900]. Entry on the origins, development, structure and evolution of the Australian constitution at [http://www.foundingdocs.gov.au/ Documenting a Democracy].', 226 => '* [http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution Full text (HTML) file of the Constitution]. From the [http://www.aph.gov.au/ Parliament of Australia web site].', 227 => '* Royal Commission of Assent signed by Queen Victoria which enacted the Constitution; see these web pages: [https://web.archive.org/web/20131111152456/http://www.naa.gov.au/visit-us/exhibitions/federation-gallery/commission-assent.aspx National Archives of Australia] and [http://foundingdocs.gov.au/item-sdid-83.html Documenting a Democracy].', 228 => '* [https://web.archive.org/web/20130603055610/http://www.mq.edu.au/about_us/faculties_and_departments/faculty_of_arts/mhpir/politics_and_international_relations/staff/john_kilcullen/a_first_reading_of_the_australian_constitution/ A First Reading Of The Australian Constitution] – side-by-side commentary notes by John Kilcullen, Macquarie University, 2004', 229 => '* [https://web.archive.org/web/20091019232631/http://www.ausconstitution.info/ConComm88/start.shtml Final Report of the Constitutional Commission Summary: 1988]', 230 => '*[http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Records_of_the_Australasian_Federal_Conventions_of_the_1890s Records of the Australasian Federal Conventions of the 1890s]', 231 => '', 232 => '{{Constitution of Australia|state=expanded}}', 233 => '{{Navboxes|list=', 234 => '{{Politics of Australia}}', 235 => '{{Australia topics}}', 236 => '{{Oceania in topic|Constitution of}}', 237 => '}}', 238 => '', 239 => '{{DEFAULTSORT:Constitution Of Australia}}', 240 => '[[Category:Constitution of Australia| ]]', 241 => '[[Category:1900 in Australian law]]', 242 => '[[Category:Australian constitutional law| ]]', 243 => '[[Category:1975 Australian constitutional crisis]]', 244 => '[[Category:1901 in Australian law]]', 245 => '[[Category:1901 in politics]]' ]
Parsed HTML source of the new revision (new_html)
'<div class="mw-parser-output"><p>eopo7xo7o4x4x64l123456789098765432`kfdh,dgdhgdkdhgdgkgdddghkddkdgkhgdkgdkhdhgdhkgdkgg </p></div>'
Whether or not the change was made through a Tor exit node (tor_exit_node)
false
Unix timestamp of change (timestamp)
'1667871832'