Federation Flashcards

1
Q

What was Australia prior to federation in 1901?

A

Each state was a separate British colony operating independently with their own governments, parliaments, military and tax systems. The states traded and conducted business with each other.

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2
Q

What are the reasons for federation?

A

trade, defense, immigration, communication, industrial relations, nationalism

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3
Q

What was the issue with trade?

A
  • States were divided as Vic and WA had large tariffs whilst NSW had free trade
  • Barriers to trade caused delay and held back development
  • It was argued that free trade between the states would improve the economy and strengthen areas of production
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4
Q

What was the constitutional response to trade?

A

Trade is now a federal power under s51(1) and s92 protects the freedom of trade between the states.

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5
Q

What was the issues with national defence before federation?

A
  • Expansion of France/Germany into Pacific in late 19th C
  • SA built Fort Largs in response to fear of Russian invasion
  • States had small ineffective defence forces
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6
Q

What was the constitutional response to the issues of defence?

A

Defence a federal power under s51(6)

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7
Q

What were the issues with immigration before federation?

A

Concerns over cheap Pacific Island labour and also Asian immigration (see Gold rushes and landings at Robe).

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8
Q

How were issues with immigration responded to within the constitution?

A

Immigration a federal power under s51(27). One of the first acts of the new federal parliament was the Immigration Restriction Act 1903 (Cth.)
….. Otherwise known as the White Australia Policy

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9
Q

What were the issues with communication prior to federation?

A
  • Communication: concern over uniform postal and telegraphic services
  • For ease of transport especially as it pertained to defence and railways (s51(32) and (34))
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10
Q

What was the constitutional response to issues with communication?

A

Communication a federal power s51(5)

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11
Q

What were the issues with industrial relations prior to federation?

A

During the 1880s unions became more militant: maritime and shearers’ strikes in late 1890’s.
The union movement supported federation because a central government could set minimum wages.

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12
Q

What was the constitutional response to issues with industrial relations?

A

(s51(35)) the arbitration power of the federal government.

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13
Q

What were the issues with nationalism prior to federation?

A
  • Most people (other than Aboriginal and Torres Straight Islanders) spoke English.
  • As time passed, and more people were born in Australia, they identified less with England and more as Australian.
  • Sir Henry Parkes (Father of Federation) made an address at Tenterfield in 1889 “a nation for a continent and a continent for a nation”
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14
Q

What was the constitutional response to issues with nationalism?

A

Common currency, uniform banking laws, uniform weights and measures (Sec 51).

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15
Q

Why did it take so long for the colonies to federate?

A
  • Geographical distance made it very hard to communicate and meet.
  • 1850’s self-govt colonies unwilling to relinquish this power so soon after getting it.
  • Fear of NSW and Vic dominance (especially Tasmania & WA). The colonies were not used to co-operating with each other. They often created trade barriers to increase their own prosperity. They deliberately built different size railroad tracks so that people had to stop at the border.
  • Colonial Pride- Each of the colonies were proud of their system of government, and were happy to operate independently.
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16
Q

Who authored the constitution?

A

Alfred Deakin (VIC)
Henry Parkes (NSW)
Edmund Barton (NSW)
Samuel Griffin (QLD)
John Quick (VIC)
Sir Robert Garran (TAS)
Andrew Inglis Clark (TAS)
John Forrest (WA)
Charles Kingston (SA)

Most of these men went on to hold significant roles in Australia’s first government.

Later, some became the first judges appointed to the High Court of Australia.

17
Q

What were the 5 stages of the process of federation?

A
  • pre-convention stage
  • The australian conventions
  • colonial ratification
  • British approval
  • proclamation and inauguration
18
Q

What happened in the preconvention stage?

A
  • 1847 Earl Grey encouraged a central law-making body
  • 1867 Canada federated
  • 1885 Federal Council attempted
  • 1888 Edwards report into defence
  • 1889 Parkes’ Tenterfield address
19
Q

What happened in the Australian Conventions stage of federation?

A
  • 1890 - australian federation conference
  • 1891 - national australasian convention
  • 1893 - corowa conference
  • 1895 - Premiers conference
  • 1897 - 2nd Australasian Federal Convention
20
Q

What happened in the colonial ratification stage of federation?

A
  • 1898 - referenda successful (except NSW)
  • 1899 - premiers conference to address concerns
  • 1899 - new round of referenda successful except WA
21
Q

What is a referendum?

A

a general vote by the electorate on a single political question which has been referred to them for a direct decision.

22
Q

What referendums were held in the lead up to federation?

A
  • Colonial parliaments passed the draft constitutions.
  • Referendum was held in 1898. NSW did not obtain sufficient majority.
  • 2nd referendum in 1899 passed.
    (except WA did not hold one until July 1900!)
23
Q

What happened during the British approval stage of federation?

A
  • 1899 - constitution bill presented to British parliament
  • concessions demanded: colonial laws validity act 1865, appeal to privy council
  • 1900 - constitution bill passed by house of commons
24
Q

what happened during the proclamation and inauguration stage of federation?

A
  • July 1900 - Queen Victoria signs the proclamation of the constitution bill. Later in the month, WA passes a state referendum allowing them to become an original state
  • Jan 1901 - Commonwealth inaugurated in centennial park sydney
  • May 1901 - Federal parliament sits for the first time
25
Q

On what date did the UK Parliament pass the Commonwealth of Australia Constitution Act and what concessions were added?

A

9th July 1900.
- 2 concessions were that the colonial laws validity act (1900) had to be kept and that australian appeals had to be kept to the privy council which is the highest court in the uk

26
Q

When did queen victoria proclaim the bill?

A

17th September 1900

27
Q

Is Australia an independent nation?

A

No but Australia still had steps to independent nationhood
- 1931 Statute of Westminster removed the Colonial Laws Validity Act (UK)
- 1986 Australia Acts (UK) made the High Court, not the Privy Council, the final court of appeal
- The final stage would be to become a republic (failed referendum in 1999)

28
Q

What was the Australian Constitution modelled on?

A

England and the USA (Washminster system)

29
Q

What are some similarities between Australia and England?

A
  • Systems of responsible and representative government
  • Separation of Powers model
  • Constitutional Monarchy
  • Parliamentary Sovereignty
30
Q

How did the want to stay connected to the British Commonwealth influence the constitution?

A

Central idea of federation was that Australia would stay connected to the British Commonwealth (and we have).
- Examples of the connections to England:
-Our Constitution is an Act of the UK parliament
-There are strong legal connections between our parliaments and courts.

31
Q

What is the full name of the Australian constitution?

A

The Commonwealth of Australia Constitution Act 1900 (UK)

32
Q

How is the system of responsible government similar in Australia and England?

A

-The Executive decides the policies of the Government and enforces parliament’s laws.
-Based on the principle that the elected body (parliament) debates issues to make laws, with a separate body responsible for administering and enforcing those laws.

33
Q

How is the system of representative government similar in Australia and England?

A

-Rule of Law
-Universal franchise (everyone is allowed to vote)
-Regular elections
-One vote/one value
-Salaries for members of parliament
-Parliamentary privilege
-Right to protest, freedoms of association and political communication
-Open parliamentary debates

34
Q

How is the separation of powers model similar in Australia and England?

A
  • Legislative
  • Executive
  • Judiciary
35
Q

How is the constitutional monarchy similar in Australia and England?

A

The reigning British Monarch (King or Queen) is Australia’s Head of State. As the Queen does not live in Australia, her constitutional duties are undertaken by the Governor-General who is her representative.

36
Q

How does parliamentary sovereignty operate in England?

A

In the UK Parliamentary sovereignty makes Parliament the supreme legal authority, which can create or end any law.

Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.

Parliamentary sovereignty is the most important part of the UK constitution.

37
Q

How does parliamentary sovereignty operate in Australia?

A

We do not have true Parliamentary Sovereignty in Australia.

In Australia this concept is taken to mean that parliament has the right to make, amend or repeal any law—within the limits of the Constitution.

Parliament cannot make a law that a future parliament cannot change and, in general, parliament takes priority over the executive and judicial arms of government.

38
Q

What are some similarities between Australia and the United States?

A
  • S 80-Right to a trial by jury.
  • Federation.
  • The name of the Houses of Parliament (the House of Representatives, The Senate).
39
Q

What other countries influenced the Australian constitution?

A
  • Canada- the composition of the Senate
  • Switzerland- use of referenda