Constitution
Constitutional Amendment in Australia
Introduction The amendment of the Australian Constitution is governed by s 128, which establishes a rigid amendment procedure requiring approval at a referendum before any constitutional alteration …
Constitutional Civil Liberties in Australia
Introduction The Australian Constitution contains relatively few express guarantees of individual rights and liberties, and Australia is the only liberal democracy without a comprehensive Bill of …
Legislative Powers of the Commonwealth
Introduction The Commonwealth Parliament is a legislature of enumerated powers. Unlike the State Parliaments, which possess plenary legislative authority, the Commonwealth may only enact laws with …
Limitations on Commonwealth Power and Intergovernmental Immunities
Introduction The Australian Constitution imposes both express and implied limitations on the legislative and executive powers of the Commonwealth. These limitations protect the States as distinct …
State Constitutions in Australia
Introduction The Australian States each possess their own constitutional arrangements, consisting not of a single document but of a complex of Imperial Acts, colonial statutes, and State legislation …
The Commonwealth Parliament
Introduction The Commonwealth Parliament is the legislative branch of the Australian federal government, established by Chapter I of the Constitution (ss 1–60). Section 1 provides that “the …
The Constitution of Australia — Overview
Introduction The Constitution of Australia is the supreme law of the Commonwealth of Australia. It is contained in the Commonwealth of Australia Constitution Act 1900 (Imp), a statute of the …
The Executive Government Under the Australian Constitution
Introduction Chapter II of the Constitution (ss 61–70) establishes the Executive Government of the Commonwealth. Section 61 vests the executive power of the Commonwealth in the Queen, declaring it to …
The External Affairs Power in Australia
Introduction The external affairs power contained in s 51(xxix) of the Constitution is one of the most expansive and controversial sources of Commonwealth legislative authority. It empowers the …