Federation Flashcards
Federation
The union of six independent states, three self-governing territories and one national government. Each entity has a sovereign law-making body with an executive and judicial arm.
Main features of the federation
- The division of powers
- Independent courts
- Federation is organic and the relative powers of the commonwealth and the state can be changed.
Reasons why we federation
Free trade National defence Immigration Industrial relations National communication Nationhood
Reasons why federation took so long
Geographical diversity
Colonial pride
Inter-colonial rivalry
1840s
Federation Initiation period began during the depression
1890s
Pre-federation colonial conferences and agreements were held to identify the need to federate. Ended with Henry Parkes calling for the constitutional conventions in 1890.
Australasian conventions held to discuss federation and draft the constitution bill. The founding fathers proposed the idea of specific powers
1891
National Australasian convention, Constitution draft was completed. Presented to delegates from each colony for consideration. Introduced the queen as the head of state. Proposed the abolishment of interstate trade barriers. Due to economic depression, the federalist movement slowed.
1893
Corowa Conference, Disappointed with the flow pace of the federation movement, the federation leagues established in 1872. Non-government organised such as the ANA were big influences. It was here the idea of holding a referendum for the constitution was first brought up.
1987
Second Australasian federal conference, drafting, debating and amendments, Final draft was eventually agreed upon.
1900
Colonial approval by referendum, everyone passed it.
1901
Inaugurated on the 1st of January 1901 in Sydney.
Important years for separating with britain
942 (Statute of Westminster adoption act) – Ensured that British law could no longer override federal law.
1968 (Privy council limitation of appeals act) – Ensured the high court was no longer bound by precedents set in British courts (federal)
1975 (Privy council appeals from high court) – Ensured the High court was no longer bound by British precedents (State)
1986 (Australia acts) – Removed British influence in state legislation. States become their own independent source of law.
Functions of the constitution
- Established a federal system of government
- Outlined the Division of powers
- Outlined the separation of powers
- Established the constitutional monarchy
- Established some constitutional rights
- Provided us a way to change the constitution (referendum S128)
For example we removed S127 from the constitution. - Allowed a way for territories to become states (S121)
Constitutional rights
Right to a trial by jury (Section 80)
- Acquisition of property on just terms (Section 52)
- Freedom of religion (Section 116)