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  • Essay / The Australian Constitution 1901 to 2006

    The Australian Constitution 1901 was drafted through constitutional conventions held in the 19th century and adopted by the British Parliament. To date, only 8 of 44 referendums aimed at amending the Constitution have been successful. With such low success rates, "Australia is a frozen continent"1 as the last successful referendum was in 1977. However, the Constitution allows for progress through the legitimate process of interpretation and in doing so it relates to the fundamental principles of federalism, democracy and the rule of law. law. The purpose of the Constitution is to provide a legal framework that governs the power of legislative authorities. The doctrine of separation of powers is a way of setting limits on the legislative, executive, and judicial branches by indicating their limitations in creating, implementing, and enforcing legislation. In doing so, the doctrine prevents undemocratic government and allows for checks and balances. Although the Constitution gives authority to the doctrine of separation of powers, it also creates federalism through the distribution of powers between the Commonwealth and the State. With the application of exclusive powers exercised by the Commonwealth, simultaneous shared powers between the Commonwealth and the State and residual powers left to the State, this allows for a relationship between the two levels of government, while the existence of Section 1092 avoids inconsistencies between the State and the Commonwealth. law, as Commonwealth law always prevails. Which weakens the constitutional and financial position of the State. The Constitution provides a basis for parliamentary sovereignty, which is the power to make and unmake law by granting the legislature absolute sovereignty as the supreme legislature...... middle of paper ....the public is unaware or simply does not see the benefits of change. However, compared to the Victorian level, the process is much less complicated and, in some circumstances, does not require public voting. The neglect of differences in difficulty could be due to section 109, which requires Commonwealth law to prevail. Therefore, if Victoria passed the amendment to the Constitution and the Commonwealth did not see fit, the amendment could be abolished. Yet the possibility of changing the electoral system to elect a governor or governor general might not be as successful as hoped, because if we look at past referendums, if they have not brought any benefit to the way of life of society, they are generally neglected by the public. Therefore, both levels of government must persuade the public of the importance of making this change, otherwise the referendum will never succeed..