The Australian Constitution

Question 1

What three elements comprise constitutional law?

Answer 1

The written Australian Constitution

The High Court’s interpretation of the Australian Constitution

Legislation relating to governance passed pursuant to the Australian Constitution or British law

Question 2

What part of the act is the Australian Constitution?

Answer 2

Section (Clause) 9 of the Commonwealth of Australia Constitution Act 1900 passed in the Imperial (British) Parliament.

Question 3

What is the composition of the Constitution?

Answer 3

Chapter 1 - The Parliament
Chapter 2 - Executive Government)
Chapter 3 - The Judicature

Chapter 4 – Finance and Trade
Chapter 5 – The States
Chapter 6 – New States
Chapter 7 – Miscellaneous issues (such as the location of the nation’s capital)
Chapter 8 – Constitutional alteration

Question 4

What are the functions of the constitution?

Answer 4

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)

Question 5

What rights are prescribed in the constitution?

Answer 5

Right to a trial by jury (Section 80)

Acquisition of property on just terms (Section 52)

Freedom of religion (Section 116)

Interstate trade (Section 92)

Freedom from state discrimination (Section 117)

Question 6

What section of the constitution allows constitutional alteration by referendum?

Answer 6

Chapter 8 (Section 128) of the Australian Constitution allows amendment through a strict process, the main step being a direct vote by the people at a referendum.

Question 7

What is the process for constitutional referendum.

Answer 7

Consultation and public debate.

Drafting by the OPC and wording from the Constitutional Commission.

Passing by absolute majority in both houses or in just one after 3 months at the order of the Governor General.

Referendum - no sooner than two months no later than six months. Yes / No Questions only.

Assent and Proclamation by the Governor General.

Question 8

What is the requirement for a referendum to pass?

Answer 8

For the referendum to success the double majority must be achieved: (Dual Criteria)

Democratic criteria: 50% plus 1 the population, and
Federal criteria: 4/6 states

Special provisions: a majority of voters may be required to be achieved in any state that will be directly/individually impacted on by the outcome of the referendum.