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Topic: Australian Constitutional History

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  Constitutional history of Australia - Wikipedia, the free encyclopedia
In the 1890s, two constitutional conventions were called, which ultimately adopted a constitution based on a combination of British, American and other models (monarchy and parliamentary government from Britain, federalism from the United States, the use of the referendum from Switzerland).
In summary, the constitutional position of the Commonwealth as a whole in relation to the United Kingdom was, originally, the same as that of the individual colonies before Federation.
A fundamental change in the constitutional structures of the British Commonwealth (formerly the British Empire, and not to be confused with the Commonwealth of Australia) did occur, however, in the late 1920s.
en.wikipedia.org /wiki/Australian_Constitutional_History   (1640 words)

 Constitutional law - Wikipedia, the free encyclopedia
Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government.
A constitution binds a government or governments, limiting the contexts in which rules may be created, interpreted and force may be applied.
Not all nation-states have constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules, that may be customary law, oral law and written law that apply in the various jurisdictions of such state.
www.wikipedia.org /wiki/Constitutional_law   (360 words)

 Australian constitutional crisis of 1975 - Wikipedia, the free encyclopedia
The Australian constitutional crisis of 1975 is generally regarded as the most significant domestic political and constitutional crisis in Australia's history.
Unlike members of the House of Lords or the Canadian Senate, Australian Senators are directly elected, albeit on a rotational basis and in a manner that it is proportionally skewed in favour of states with smaller populations.
In the years afterwards, some Australian republicans have used the crisis as an argument for change, on the basis that Australia's current constitution is flawed over (a) the powers of the Upper House with regard to supply and (b) the lack of security of tenure of the Governor-General in dealing with a crisis.
en.wikipedia.org /wiki/Australian_constitutional_crisis_of_1975   (2594 words)

 Australian republicanism - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-11-07)
Australian republicanism is a movement within Australia to replace the country's existing status as a Commonwealth realm under a constitutional monarchy with a republican form of government.
The Commonwealth as a federated unit is a constitutional monarchy with a non-resident monarch, currently Queen Elizabeth II, the Queen of Australia.
In the Australian constitution, the Queen's principal role is to appoint the Governor-General and there is an equivalent role in each of the states for the appointment of state governors.
www.hartselle.us /project/wikipedia/index.php/Australian_republicanism   (2283 words)

 Australian Republican Movement - Wikipedia, the free encyclopedia
It was founded as a non-partisan group advocating the constitutional change to a republic, following the Australian Labor Party's adoption of republicanism as its policy.
Although opinion polls showed that most Australians favoured becoming a republic, divisions emerged in the Movement between those who favoured indirect election of the President by Parliament, and those who favoured direct election by the people.
This led to Australian voters rejecting the change to a specific form of republic in the 1999 referendum, although republicanism remains an issue.
en.wikipedia.org /wiki/Australian_Republican_Movement   (165 words)

 ipedia.com: Australian constitutional crisis of 1975 Article   (Site not responding. Last check: 2007-11-07)
The Constitution was drafted through the 1890s and enacted in 1901, thus pre-dating Britain's Parliament Act, 1911, which enshrined this principle of the supremacy of the lower house in the British constitution.
In the United Kingdom constitution the issue of the power of the Upper House to block supply was encountered, and the power removed from the House of Lords, in the course of the constitutional crisis of 1909 - 1911 (see Parliament Act).
In the years afterwards, some Australian republicans have used the crisis as an argument for change, on the basis that Australia's current constitution is flawed over (a) the upper house and supply and (b) the lack of security of tenure of the de facto head of state in dealing with a crisis.
www.ipedia.com /australian_constitutional_crisis_of_1975_1.html   (1774 words)

 Australian Constitutional History: Definition and Links by Encyclopedian.com - All about Australian Constitutional ...   (Site not responding. Last check: 2007-11-07)
A constitutional convention was called, which adopted a constitution based on a combination of the British (monarchy, parliamentary system of Government) and American (federalism) and other models.
This constitution was then approved by the voters in each of the six states.
The next major constitutional change came about with the act of the British Parliament known as the Statute of Westminster.
www.encyclopedian.com /au/Australian-Constitutional-History.html   (930 words)

 Australia - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-11-07)
On 1 January 1901, federation of the Colonies occurred and the Commonwealth of Australia was born, as a dominion of the British Empire.
The Australian Capital Territory, centred on the new federal capital of Canberra, was separated from New South Wales in 1911.
With this act of parliament, Australian law was made unequivocally the law in the nation, and the High Court of Australia was confirmed as the single highest court in the country.
www.indexlistus.de /keyword/Australia.php   (1729 words)

 Constitutional law - Wikipedia
Constitutional Law is the study of foundational laws that govern the creation and execution of other laws by a government.
Not all nations have constitutions; of those that do, not all have written constitutions (compare, for example, the written Constitution of the USA with the largely traditional but still very forceful Constitution of the United Kingdom, which arises from multiple sources including Magna Carta, the common law, and other customary sources).
A Constitution binds a government, limiting the contexts in which rules may be created and force may be applied.
nostalgia.wikipedia.org /wiki/Constitutional_law   (185 words)

 Australian Constitutional History Article, AustralianConstitutionalHistory Information   (Site not responding. Last check: 2007-11-07)
Also, the Constitution provided that the British monarch be represented in Australia by a Governor-General, who was originallyappointed on the advice of the British, not the Australian, government, and was generally a British aristocrat.
In summary, the constitutional position ofthe Commonwealth as a whole in relation to the United Kingdom was, originally, the same as that of the individual colonies beforeFederation.
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www.anoca.org /australia/british/australian_constitutional_history.html   (1740 words)

 Australia - FreeEncyclopedia   (Site not responding. Last check: 2007-11-07)
Australia is a Constitutional monarchy, with the 'Queen of Australia' reigning as head of state.
The Commonwealth of Australia is a constitutional monarchy: the Queen of Australia is the official head of state and is represented by the Governor General.
Most of the Australian population descends from 19th and 20th century immigrants, most from the United Kingdom to begin with, but from other sources in later years.
openproxy.ath.cx /au/Australia.html   (801 words)

 Constitutional Convention (Australia) Encyclopedia Article, Definition, History, Biography   (Site not responding. Last check: 2007-11-07)
The first Constitutional Convention was held in Sydney in March 1891 to consider a draft Constitution for the proposed federation of the British colonies in Australia and New Zealand.
The third Constitutional Convention was established by the Whitlam government in 1973 to consider possible amendments to the Constitution which could be put to the people for approval at a referendum.
At the 1999 referendum the proposed amendments to the Constitution were rejected.
www.karr.net /encyclopedia/Constitutional_Convention_%28Australia%29   (671 words)

 Australian Public Law   (Site not responding. Last check: 2007-11-07)
In the administration of the judicial power in relation to the Constitution there are points at which matters of degree seem sometimes to bring forth arguments in relation to justice, fairness, morality and propriety, but those are not matters for the judiciary to decide upon.
The clearest examples of the way in which the proportionality test is applied in relation to constitutional guarantees and freedoms is provided by recent case law on Constitution section 92.
The South Australian government argued that its regulations were "appropriate and adapted" to a legitimate legislative objective, namely protection of the environment by encouraging consumers to return bottles.
www.ntu.edu.au /faculties/lba/schools/Law/apl/Constitutional_Law/proportionality.htm   (6352 words)

A break with the constitution of the past occurred when James II absented himself from the seat of government and performed in a way that was deemed tantamount to abdication.
Section 3 of the Constitution requires that the Queen shall appoint a Governor-General during her pleasure, and assign powers and functions to that Office subject to the Constitution.
The Australian Constitution provides for a change to the Constitution by a referendum that is passed by a majority of electors in a majority of States.
www.spatialgovernance.com /governance/government/610-1A.htm   (4548 words)

 Australia's Constitutional Milestones (Chronology 1 1999-2000)
Constitutional referendum in New South Wales to approve the revised draft Constitution (approved).
Constitutional amendment carried giving the Commonwealth power to make special laws with respect to Aborigines living in the States and to include indigenous people in the national census.
The High Court suggested that the external affairs power of the Constitution gave the Commonwealth power to legislate on a matter of international concern whether or not Australia was a party to a treaty on that matter.
www.aph.gov.au /library/pubs/chron/1999-2000/2000chr01.htm   (2788 words)

 What was the importance of the 1975 constitutional crisis in Australian history?   (Site not responding. Last check: 2007-11-07)
It was found that the Australian constitution states that the government is responsible to the House of Representatives (where the forced election would take place), and is not answerable to the senate.
The Labor government pointed to a weakness in the constitution, arguing that the government should not be forced into an election by the upper-house.
Click here to watch the History and Society FAQ so that you'll be alerted when there are new questions and changes.
www.faqfarm.com /Q/What_was_the_importance_of_the_1975_constitutional_crisis_in_Australian_history   (1002 words)

 USL: Australian History
This is a collection of Australian literary and historical texts from the time of European exploration and settlement until the early twentieth century.
The Register of Australian Archives and Manuscripts is a guide to collections of personal papers and non-governmental organisational records held by Australian libraries and archives.
The Oxford companion to Australian history / edited by Graeme Davison, John Hirst and Stuart Macintyre with the assistance of Helen Doyle and Kim Torney.
www.library.usyd.edu.au /subjects/history/oz.html   (1306 words)

 Australian Constitutional Convention: A lesson in capitalist democracy
The economic interests of Australian capitalism had sharply diverged from those of Britain, and in fact, the perceived tie to the old colonial power had become a handicap in exploiting Asian markets.
The largely unelected assemblies of businessmen, colonial politicians and lawyers deliberately clung to the monarchy and left its powers unfettered in the hands of the Queen's representative, to be used in periods of political crisis, and above all to deal with mass struggles of the emerging working class.
Federation was organised by the capitalist class to strengthen its position amid bank crashes and recession that brought the emerging working class into repeated clashes with the employers in great strike struggles during the early 1890s.
www.wsws.org /news/1998/feb1998/ausf20.shtml   (1425 words)

 Australian Constitutional History - Wikipedia
A constitutional convention was called, which adopted a constitution based on a combination of the British (monarchy, parliamentary system of Government) and the American (federalism) models.
In the early years Australia continued to be represented by the United Kingdom as part of the British Empire at international confrences.
One link with the United Kingdom still remains however: Australia and its States are constitutional monarchies.
nostalgia.wikipedia.org /wiki/Australian_Constitutional_History   (572 words)

 Open Directory - Society: History: Journals   (Site not responding. Last check: 2007-11-07)
Australian Historical Studies - A refereed journal based at the University of Melbourne dealing with Australian, New Zealand, and Pacific regional heritage, archaeology, and history.
History and Theory - Academic journal which publishes articles, monographs, book reviews, summaries, and bibliographies principally in four areas: theories of history, narrativism, historical method, and related disciplines.
The Journal of Economic History - Devoted to the interdisciplinary study of history and economics.
dmoz.org /Society/History/Journals   (1106 words)

 Dire warnings at Australian Constitutional Convention   (Site not responding. Last check: 2007-11-07)
On the fifth day of the convention, the "radicals" demonstrated their loyalty to the present order by agreeing to work with the ARM on a compromise model that will combine an appointed head of state with lip service to popular consultation.
Politicians and constitutional lawyers invariably claim that the exercise of these powers is subject to unwritten "constitutional conventions" which limit the circumstances in which the governor-general can act contrary to the advice of the prime minister.
But the predecessors of the current convention—the conventions of 1890, 1891, 1897 and 1898 that agreed to an Australian Federation and drew up the constitution—deliberately clung to the monarchy and left its powers unfettered in the hands of the Queen's representative in order to deal with the danger of mass struggles by the working class.
www.wsws.org /public_html/iwb2-98/austral.htm   (1401 words)

 Chardonnay socialist - Wikipedia, the free encyclopedia
For example, Australian left-wing "true believers" levelled it at supporters of the failed republic referendum of 1999 (where the vote was split not along conventional party lines but very much along socio-economic divides, with the rich overwhelmingly supporting the change while the less well-off were opposed – a superficially bizarre pattern for a non-economic issue).
Staunch Australian right-wingers, on the other hand, level it at those who support such things as government funding for the arts, free tertiary education, and the ABC – all causes which are described by critics as "middle-class welfare".
This page was last modified 06:48, 7 September 2005.
www.wikipedia.com /wiki/Chardonnay_socialist   (191 words)

 Constitutional history of Australia - InfoSearchPoint.com   (Site not responding. Last check: 2007-11-07)
In 1985 a Constitutional Commission was established (by the Hawke Labor governent) to review the Constitution.
It was seen as too partisan by many Liberals and the eventual referendum questions were not supported leading to the lowest 'yes' vote count for any referendum in Australia (in 1988).
On May 12, 2003 on the advice of Prime Minister John Howard, Queen Elizabeth II revised the century old Letters Patent (which details the Governor General's authority) to allow for the Governor General to temporarily stand down.
www.infosearchpoint.com /display/Australian_Constitutional_History   (1031 words)

 The Australian Republic Issue: A Guide (Issues and Opinions)
At the Australian Bureau of Statistics site, which in turn was a "reproduction of the summary report, under the same title, of the Republic Advisory Committee, subject to minor changes in presentation for the Year Book".
It provides an overview of the history of republicanism in Australia, the 1998 Convention, an explanation of the key constitutional issues, and a summary of the arguments presented by both monarchists and republicans.
Note: her statement about s25 of the Constitution ("people who are disqualified from voting on the basis of their race are not included in population calculations") appears to imply s25 excludes such persons from the census.
www-personal.edfac.usyd.edu.au /staff/souters/republic1.html   (12761 words)

 Australia's Constitutional Milestones
The chronology begins with the 1787 commissioning of Arthur Phillip to establish and to govern the new British colony of New South Wales, and concludes with resignation of Governor-General Hollingworth in 2003.
It eventually became the basis of the constitution drafted in 18978.
The Statute of Westminster was adopted by the Commonwealth Parliament, with the adoption being back-dated to 3 September 1939, the date on which war was declared on Germany by the United Kingdom.
www.aph.gov.au /library/pubs/online/milestones.htm   (3483 words)

 Australian Republican Movement - History - Constitutional Convention Election Final Results   (Site not responding. Last check: 2007-11-07)
Seventy six delegates have been elected for the Constitutional Convention as follows:
Total of first-preference votes for candidates with a declared position in the Candidate Statement to the Australian Electoral Commission.
If the statement declared an open position or was ambiguous, that candidate or group was counted as "Undeclared".
www.republic.org.au /ARM-2001/history/conv/cce/nat.html   (102 words)

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