INTRODUCTION The legal constitution of Australia was developed by the multiple principles of the British and the United States of America1. However, a major factor that was eliminated from these principles was the notion of the Bill of Rights. The Bill of Rights main purpose is to affirm, protect, promote human rights and fundamental freedoms1. Australia does not have a Bill of Rights, since it has been ascertained that the citizens of Australia are protected by common law and legislation2. It is
The Commonwealth of Australia Constitution Act (Constitution) has to support the implementation of the Act and/or its purpose without affecting the rights of the State law, what also needs to be taken into consideration is the "nature of the ri7lghts, duties, powers and privileges which it changes, regulates or abolishes" Fairfax v Federal Commissioner of Taxation (1965) 114 CLR 1. The States are allowed to make laws that are required within their state. The Constitution left most of the other
country has written constitution. Introduction The Australian constitution was drafted and aiming at two main constitutional conventions in 1891. These were the finance and trade arising from federation and how best to weigh the interests of the smaller states against populous states in the new federal legislative. Argument for: In relations to the topic above, I would like to examine some of the themes that likely related to any discussion of the Australia federal constitution. A Conducted surveys
land known as Australia and make laws on the rights of the people, the indigenous and the land. Since then, Australian law has come a long way in the development of a fairer constitution and enacting laws for the indigenous to close the gap between them and the settlers. There has been many landmark rulings in the fight for equality for the indigenous community, including the case of Mabo and the case of Wik, all of which will be discussed further on. The Australian Constitution was expected to
citizenship or voting right for the Aboriginals, it was targeted at making amendments to the constitution, allowing the Indigenous Australians to be counted in the Australian census and allowing Australian laws that included the Aboriginal Australians. The 1967 referendum had two sections requiring change, section 51 and 127. The eradication of all prejudice requirements within Commonwealth constitution was passed with voters support by the Australian body with an astonishing 90.77% of votes. In
we have a constitution. This is a document stating the laws of Australia and the way our government must run. A Bill of Rights would positively enforce new, and re-instated laws to protect the rights of Australian people. The Australian Constitution, passed by the British Parliament as part of the Commonwealth of Australia Constitution Act 1900. It was written in the 1890’s after a series of conventions with government officials. The Constitution is the legal framework for how Australia is governed
The Constitution of Australia is a written document, which came into effect when the six colonies federated to form the Commonwealth of Australia in 1901. It consists of eight chapters and 128 sections and lays down a set of laws or restraints by which the Federal Government must operate. It establishes the composition, procedures, functions, and powers of government, government authorities, such as the Governor General and other essential institutions. The Constitution is the basic framework for
The Australian Constitution Will Australia become a republic in the next twenty years? This is a difficult question to speculate on. The main area of law governing this issue is section 128 of the Commonwealth of Australia Constitution Act 1900 (U.K). Other issues in this debate are regarding appointment, termination and the powers to be awarded to the proposed Head of State, and the impact the change will have on the States. Examining the history of Australian Legislative powers, and reasons
Prior to 1967 Aboriginals and Torres Straight Islanders did not have the right to vote and were not counted in the national census. On the 27th May 1967, a referendum took place in order to alter the Australian constitution. The referendum gave aboriginals and Torres straight islanders the right to be accounted for in the national census as well as pass laws regarding indigenous Australians. During the referendum a 'yes vote' took place which was to ensure social acceptance and justice for aboriginals
topic in Australia for the past century. From the 1920’s to the constitutional referendum in 1967 many events occurred that shaped the advancement of Aboriginal rights. The sheer volume of significant events during this time period are too great to enlighten on all of them so I will aim to touch on the rights of Aboriginal people before this time period, the foundation of Aboriginal political activism, the Day of Mourning and the Cummeragunja walk off, International pressure against Australia, and