What is the Australian Constitution?
Answer
The fundamental law establishing Australia's system of government
Explanation
The Australian Constitution is the founding legal document of the Commonwealth of Australia. It establishes the federal system of government, divides powers between the Commonwealth and the states, creates the Parliament, the executive, and the judiciary, and sets out the rules under which Australia operates as a nation. The Constitution is contained in section 9 of the Commonwealth of Australia Constitution Act 1900, an Act of the British Parliament.
The Constitution was drafted at constitutional conventions in 1891, 1897, and 1898, with delegates from the six Australian colonies. The draft was then put to referendums in each colony, with majorities in all six approving it (New South Wales by a narrow margin in 1899 after Henry Parkes' compromise on the capital location). The British Parliament passed the enacting legislation in 1900, Queen Victoria gave royal assent on 9 July 1900, and the Constitution came into force on 1 January 1901.
The Constitution has 128 sections organised into eight chapters. Chapter I covers the Parliament (sections 1 to 60), Chapter II covers the executive (sections 61 to 70), Chapter III covers the judicature (sections 71 to 80), Chapter IV covers finance and trade (sections 81 to 105A), Chapter V covers the states (sections 106 to 120), Chapter VI covers new states (sections 121 to 124), Chapter VII covers miscellaneous matters including the seat of government (sections 125 to 127), and Chapter VIII covers amendment of the Constitution (section 128).
The Constitution can be amended only by a referendum under section 128, requiring a national majority of voters plus a majority of voters in at least four of the six states (the so-called double majority). Of the 45 referendum questions held since 1901, only 8 have been carried. Major successful amendments include the 1967 referendum recognising Aboriginal people in the Constitution, the 1977 amendments allowing simultaneous Senate elections and setting retirement at age 70 for federal judges, and various technical changes. The most recent referendum, on 14 October 2023, proposed an Aboriginal and Torres Strait Islander Voice to Parliament. It was defeated nationally with 60.1 per cent No and carried in no state. The Constitution remains the fundamental law of the country, with the High Court of Australia as its final interpreter.
Why this matters for your test
The Australian Constitution is the founding document of the country, and recognising its eight chapters and the amendment process under section 128 helps new citizens understand how the country's fundamental rules can change.
Source: Australian Citizenship: Our Common Bond (2024)
