Commonwealth Constitution

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Commonwealth Constitution
Commonwealth Constitution
Parliament has Legislative power
Cabinet has Executive power
The Courts have Judicial power
The Ministry
High Court
Other federal courts
House of Representatives
Senate
Doctrine of separation of powers
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An outline ofthe Australian Constitution

• Chapters
• The Parliament
• The Executive Government
• The Judicature
• Finance and Trade
• The States
• New States
• Miscellaneous
• Alteration of the Constitution

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I. Parliament

• Chapter I vests the legislative power of the
  Commonwealth in a Federal Parliament consisting
  of the Queen, a Senate and a House of
  Representatives, and provides for the
  establishment of the Houses, the significant
  procedures and the powers of the Parliament.

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The concurrent powers
Section 51 The Parliament shall, subject to this
constitution, have power to make laws for the
peace, order and good governance of the
Commonwealth with respect to 39 specific heads
of power.
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The concurrent powers

• If the subject matter of Commonwealth legislation
  is not included within the 39 heads, then the
  Federal Government has no legislative authority
  to deal with it.
• Case New South Wales v The Commonwealth (1990)
• Case Australian Communist Party v Commonwealth
  (1951)

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V. The States

• Chapter V preserves State constitutions, State
  laws and powers of State parliaments.
• Racial Discrimination Act 1975 (Cth)
• Commonwealth v Tasmania (1983) 158 CLR 1

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Inconsistency

• Section 109 deals with conflicts between
  Commonwealth and State laws.
• Section 109
• When a law of a State is inconsistent with a law
  of the Commonwealth, the latter shall prevail,
  and the former shall, to the extent of the
  inconsistency, be invalid.

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Inconsistency

• The test applied by the courts is to determine
  whether or not the Federal Parliament expressly
  or impliedly intended to cover the whole field,
  and if so any State law entering upon that field
  is invalid.

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II. The Executive Government

• Chapter II vests the executive power of the
  Commonwealth in the Queen, and provides for it to
  be exercisable by the Governor-General as the
  Queens representative with the advice of the
  Federal Executive Council.

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Legislative and executive powers
Section 62 There shall be a Federal Executive
Council to advise the Governor-General in the
Government of the Commonwealth, and the members
of the Council shall be chosen and summoned by
the Governor-General and sworn as Executive
Councillors, and shall hold office during his
pleasure.
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III. The Judicature

• Chapter III vests the judicial power of the
  Commonwealth in the High Court of Australia and
  any other Federal courts created by the
  Parliament.

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Judicial power

• The separateness of judicial power has been
  preserved under the Australian Constitution.
• Case R v Kirby Ex parte the Boilermakers
  Society of Australia (1956)
• Case Brandy v Human Rights and Equal
  Opportunity Commission (1995)

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IV. Finance and Trade

• Section 90 grants exclusive power to the Federal
  Parliament over customs and excise duties.
• Section 92 provides that trade commerce and
  intercourse among the States shall be
  absolutely free.

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VIII. Alteration of the Constitution

• Section 128 provides the procedure by which the
  constitution may be amended.
• The amendment must be passed
• by both Houses of Parliament
• by a majority of voters
• by a majority of States.