Australia is a democratic country.
The commonwealth of Australia is a constitutional monarchy, a federation and a parliamentary democracy.
The Commonwealth of Australia was formed in 1901 as a result of an agreement between what were previously six self-governing British colonies.
The terms of this agreement are embodied in the Australian Constitution, which was drawn up at a Constitutional Convention and ratified by
the people of the colonies at referendums.
Structure of Australian Government
The structure of Government of Australia may be examined in light of two different concepts namely: Federalism and Separation of Powers into legislative, executive and judiciary branches of government. Separation of powers is implied from the structure of the Constitution which breaks down the branches of government into separate chapters.
Federalism:
The Australian Constitution creates a federal legislature, the Parliament of the Commonwealth (Section 1). The bicameral parliament consists of the Queen and two houses, the Senate and the House of Representatives (Section 1). Section 51 of the Constitution provides for the Commonwealth Government's legislative powers and allocates certain powers and responsibilities (known as "heads of power") to the Commonwealth government.
All remaining responsibilities are retained by the six colonies, which under the Constitution became States of the Commonwealth of Australia. Further, each state has its own constitution so that Australia has seven sovereign Parliaments, none of which can encroach on the functions of any other. The High Court of Australia arbitrates on any disputes which arise between the Commonwealth and the States, or among the States, concerning their respective functions.
I addition Australia has several territories, three of which are self governing. These are: Australian Capital Territory, Northern Territory, Norfolk Island. The legislatures of these territories exercise powers delegated to them by the Commonwealth, and the Commonwealth Parliament retains the power to override territorial legislation and to transfer powers to or from the territories. Australia's other territories that are regularly inhabited (Jervis Bay, Christmas Island and the Cocos (Keeling) Islands) are not self-governing. Instead, these territories are largely governed by federal law, with Christmas Island and the Cocos Islands also having local governments. The third level of government after the Commonwealth and the States is local government, in the form of shire, town or city councils. These bodies administer the provision of services such as local roads, sanitation, libraries, dog registration etc. Councils are composed of elected representatives, usually serving on a part time basis.
Separation Of Powers:
Government is undertaken by three inter-connected arms of government:
Legislature, Executive and Judiciary. The Legislature proposes laws in the form of Bills, and provides a legislative framework for the operations of the other two arms. The Executive enacts the laws by Royal Assent, administers the laws and carries out the tasks assigned to it by legislation. The Judiciary hears cases arising from the administration of the law, using both statute law and the common law. The Australian courts cannot give advisory opinions on the constitutionality of laws.
Constitution of Australia
There are a number of documents in constitution of Australia under which the Govt. of Australia operates. The most important among these is the Constitution of the Commonwealth of Australia. The text of the Constitution was originally a schedule to the Commonwealth of Australia Constitution Act 1900 or formally An Act to constitute the Commonwealth of Australia, an act of the Parliament of the United Kingdom. As Australia is now an independent country, the text of the Constitution is now regarded as fully separated from the text in the original Act, since only the Australian people can amend the Constitution
Certain other pieces of legislation have constitutional significance for Australia. These are the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act, which was passed in equivalent forms by the Parliaments of every state, the United Kingdom, and the Commonwealth. These Acts had the effect of severing all constitutional links between Australia and the United Kingdom, except for the fact that the same person, Queen Elizabeth II, is the head of state of both countries. The only United Kingdom law which today has application for Australia is the law governing the succession to the throne (and even the applicability of this has never been tested).
A number of cases before the High Court of Australia, which has the authority to interpret constitutional provisions, have also had an influence on the development of the Constitution.
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All remaining responsibilities are retained by the six colonies, which under the Constitution became States of the Commonwealth of Australia. Further, each state has its own constitution so that Australia has seven sovereign Parliaments, none of which can encroach on the functions of any other. The High Court of Australia arbitrates on any disputes which arise between the Commonwealth and the States, or among the States, concerning their respective functions.
I addition Australia has several territories, three of which are self governing. These are: Australian Capital Territory, Northern Territory, Norfolk Island. The legislatures of these territories exercise powers delegated to them by the Commonwealth, and the Commonwealth Parliament retains the power to override territorial legislation and to transfer powers to or from the territories. Australia's other territories that are regularly inhabited (Jervis Bay, Christmas Island and the Cocos (Keeling) Islands) are not self-governing. Instead, these territories are largely governed by federal law, with Christmas Island and the Cocos Islands also having local governments. The third level of government after the Commonwealth and the States is local government, in the form of shire, town or city councils. These bodies administer the provision of services such as local roads, sanitation, libraries, dog registration etc. Councils are composed of elected representatives, usually serving on a part time basis.
The Legislature proposes laws in the form of Bills, and provides a legislative framework for the operations of the other two arms.
There are a number of documents in constitution of Australia under which the Govt. of Australia operates. The most important among these is the Constitution of the Commonwealth of Australia. The text of the Constitution was originally a schedule to the Commonwealth of Australia Constitution Act 1900 or formally An Act to constitute the Commonwealth of Australia, an act of the Parliament of the United Kingdom. As Australia is now an independent country, the text of the Constitution is now regarded as fully separated from the text in the original Act, since only the Australian people can amend the Constitution
Certain other pieces of legislation have constitutional significance for Australia. These are the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act, which was passed in equivalent forms by the Parliaments of every state, the United Kingdom, and the Commonwealth. These Acts had the effect of severing all constitutional links between Australia and the United Kingdom, except for the fact that the same person, Queen Elizabeth II, is the head of state of both countries. The only United Kingdom law which today has application for Australia is the law governing the succession to the throne (and even the applicability of this has never been tested).
A number of cases before the High Court of Australia, which has the authority to interpret constitutional provisions, have also had an influence on the development of the Constitution.
