Topic > The Australian Constitution 1901 - 2006

The Australian Constitution 1901 was drafted through constitutional conventions held in the 19th century and passed by the British Parliament. To date there have been only 8 of 44 successful referendums to change the Constitution. With such low success rates, “Australia is the frozen continent1” as the last successful referendum was in 1977. However, the Constitution allows for progress through the legitimate process of interpretation and, in doing so, links 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 regulates the power of legislative authorities. The doctrine of separation of powers is a way in which boundaries are set for the legislative, executive and judicial branches, establishing their limit to create, enforce and apply legislation. In this way the doctrine prevents undemocratic government and allows for checks and balances. While 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. By applying exclusive powers exercised by the Commonwealth, concurrent shared powers between Commonwealth and State, and residual powers left to the State, it allows for a relationship between both levels of government, while the existence of Section 1092 prevents inconsistencies between State and Commonwealth law, as the law of the Commonwealth always prevails. This 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 the law while allowing the legislative body absolute sovereignty as the supreme law which makes... middle of the paper... ....the public does not is aware or simply does not see the benefits of the change. However, compared to the Victorian level, the process is much less complicated and in some circumstances does not require a public vote. The neglect of difficulty differences may be due to section 109, which requires Commonwealth law to prevail, so if Victoria passed the amendment to the Constitution and the Commonwealth did not think it appropriate, the amendment could be abolished. However, the likely attempt to change the voting system to elect a governor or governor general may not be as successful as hoped, looking at past referendums, if they have not brought any benefit to societies lifestyle, they are usually overlooked by the public . Therefore both levels of government must convince the public of the importance of change, otherwise the referendum will never succeed.