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The Australian Constitution

© Oxford University Press, 2007. All rights reserved.

Federalism

• the meaning of federalism• federal law prevails over state law to the extent of

any inconsistency• doctrine of reciprocity:

the Engineers’ case.

The Australian Constitution

Constitution divides law-making power• exclusive powers: exercised by the

Commonwealth• concurrent powers: Commonwealth and states• residual powers: exercised by the states.

Landmark constitutional cases

High Court expands Commonwealth powers

Examples:• the Tasmanian Dam case• Uniform Taxation case No 1.

Changing the Constitution

Section 128 of the Constitution:All of the following requirements must be met:

The proposed amendment must be:

• passed by over 50% (an absolute majority) of all elected members in both Houses of Parliament; and

• put to a referendum of all Australian votes within two-six months after the absolute majority vote; and

• approved by a majority of voters and by a majority of voters in a majority of States; and

• given Royal Assent by the G-G on behalf of the Queen.

Separation of powers

• The division of power between:

(i) the legislature

(ii) the executive

(iii) the judiciary.

• to what extent is the doctrine of separation of powers a practical reality?

Australia Act 1986 (Cth)

• note features of the Act which terminate ties with the UK

• note procedures for amendment.

Bill of Rights

• in the absence of a Bill of Rights in Australia, what are the sources of our individual rights?

• do we need a constitutional Bill of Rights?