Chapter 3 Australia's Blended Constitution EMMA Flashcards
how did Aboriginal Australians govern
with 700 language groups and 500 clan groups
why did Australia ask for a self government to be granted to their colonies
the thought of one union composed of equal parts
- constitutional marriage
constitutional marriage
to marry the new and the old world ideas
who was constitutional marriage made up of
- old world parent - Britain
- new world cousin - US (radical political ideas)
- borrowed - Switzerland and Canada
- constitutional blues
what did very early Australian governments have
no citizens, representatives, rule of law separation of powers or constitutional limits
what happened between 1856 - 1890
all 6 colonies achieved responsible government
what were the 4 issues that lead to federalism in Australia
concerns for…
- defence (other powers)
- inter-colonial trade (trade barriers)
- asian immigration (threatened white Australia)
- Australian identity
Australian defence concerns
- security of colonies threatened
- Britian’s naval power was no longer unchallenging in the pacific
- Germany and Russia
Australian trade concerns
- 19th century colonies expanded rapidly
- transport systems began to link up = quicker communication and more efficient trade
- free trade didn’t exist due to intercolonial trade
Australian fear of asian immigration concerns
- gold rush = chinese migrants
- threatened a “white Australia”
- colonies had differing laws on migration
Australian identity
- australian born
- australian publications helped to develop australian identity
- australian artists, poets and authors created an ‘australian identity’
how did these issues lead to federation
these issues brought the colonial leaders together to form a union
what did Australia adopt from the British Westminster system
- the crown/head of state/monarch (constitutional)
- the Governor General
- bicameral parliament
- executive/responsible parliamentary government
- westminster conventions
- english common law
- representative government
- legislature process
- constitutionalism
where did Australia’s bicameral parliament originate
- British lower and upper legislative houses
- house of commons (LH) - elected by people and executive is drawn from
- house of lords (upper house) - based on inheritance and appointment
what is similar about Australia and Britain’s bicameral parliament
both the house of reps and the house of commons
- both the lower house
- both elected by the people
- both form government
- both are where the executive are drawn from
- both are the “peoples” house
what is different about Australia and Britain’s bicameral parliament
both senate and house of lords are the upper house
- house of lords inherits power is not elected
- senate is elected and is based of the US’s upper house
what are the 3 executive parts Australia adopted from Britain
- formal constitutional executive - crown and GG
- real or political executive - PM and cabinet
- administrative executive - public service
what is the most central part of the Australian political and legal system adopted by Britain
westminster convention - rules (not written in constitution)
what are some westminster conventions adopted by Australia
- executive government must have confidence of the lower house
- money bills are called appropriation bills and can’t form in the senate
- individual and collective ministerial responsibility
- royal assent by GG
what are the 3 steps of passing a bill Australia inherited from Britain
- passed in lower house
- passed in senate
- signed by governor general;
fictional powers
the governor general has authority to refuse a bill
- conventions override this
what are the powers of the governor general in Australia
- dissolve parliament
- prorogue parliament
- issue writs for an election
- dismiss ministers
- appoint ministers
- appoint federal judges
(powers can only be used on advice from the cabinet)
formal powers
powers of GG can only be used on advice from the cabinet
- brings royal power under democratic control
reserve powers
the GG has the authority to use powers only used in emergency situations when normal government can’t function or crisis exists
- GG can sack government
where did Australia adopt the written constitution from
USA
where did Australia adopt the unwritten constitution from
Britain
what does Australia rely on their unwritten constitution for
to define and regulate power of government
where was the representative government adopted from
Britain
- 2 houses
- government formed in lower house
- majority of seats in lower house forms government
- regular elections (GB - 5 years, Aus - 3 years)
why could Australia not adopt Britains unitary system
- colonisers wanted to keep power in the 6 colonies and have 1 national government
- Australia was too large to be governed in one place
what did Australia adopt from the United States’ Washingtonian system
- federalism
- division of powers
- senate
- bicameral legislative branch
- constitutional court
- written constitutions
what were the 3 steps to federalism
- 1 national government, colonies converted to states and kept their powers
- powers must be separated (by constitution)
- national: defence, immigration and external affairs
- both: taxes
- state: urban planning, public transport, roads - link = balance of powers and federal institutions which enable cooperation between levels
federal balance of powers adopted by US in Australia
ratio of powers between the levels of government
- exclusive (constitution)
- concurrent (constitution)
- residual (unwritten)
what are federal institutions that link the levels of government
- constitutional court: resolve disputes
- heads of governments meeting to resolve issues
- tax and fiscal imbalance
what did Australia copy the design of from the US
the constitution
written contitution
document where all political and legal processes, principles and powers are set out (Australia adopted from US)
what does constitutional court have the authority to do
authority to interpret the constitution when necessary, to resolve disputes between different levels of government
what did Australia adopt from Canada
the Washminster hybrid
Washminster hybrid
blend between British Westminster system and US’s Washingtonian system
what do Canada and Australia have in common
- British settlers and colonies
- gaining self-governance from Britain not independence
- Westminster Government
- English common law
- American constitution and federalism
- constitutional court and federal institutions
what did Australia Adopt from Switzerland
referendums
- referendums are used in Switzerland’s national, state and local levels of government
- used to increase participation
- values of democracy/direct democracy
what 2 things need to be achieved to approve a referendum in Australia
double majority
1. majority of all Australians (democratic majority)
2. majority of states (federal majority)
referendum
direct vote on a particular question (usually used to change the constitution)
what does the Australian Washminster hybrid create
- the best of both worlds
- constitutional blues
what are Australian’s Washminster problems/constitutional blues
- upper house has co-equal power with lower (US)
- westminster style legislature being limited by written constitution
- westminster conventions clashing with US written constitution concerning powers of the governor general
what is federation
the creation of a nation by uniting previous seperate colonies, each of which retains some power, but also cedes some powers to a national government
federation date
January 1st, 1901
how many local governments are in australia
over 500
exclusive/federal powers (examples)
- defence
- citizenship
- immigration
- tax
- currency
concurrent powers (federal and state) (examples)
- education
- courts
- marriage and divorce
- global trade
residual/state powers (examples)
- ambulance/medical
- police
- emergency services
- rivers
local powers (examples)
- rubbish/bins
- parks
- parking tickets
- town planning
