B. A. 2nd Sem, (Pol-Science), Unit- 6 (Australia) Class Notes (KU-NEP)

 By 

DR. FARZEEN

Unit- 6: Australian Political System

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Historical Background of the Australian Constitution

1. Introduction

• The Australian Constitution is the supreme law that established the structure of government in Australia.
•  It came into force on 1st January 1901, marking the Federation of Australia.

2. Colonial Background

•  From 1788, Australia consisted of six separate British colonies:

  1. New South Wales

  2. Victoria

  3. Queensland

  4. South Australia

  5. Western Australia

  6. Tasmania

• Each colony had its own government and laws but remained under British control.

3. Need for Federation

• Growing concerns in the late 19th century led to discussions on unification:
• Economic reasons: Need for uniform trade regulations and tariffs.
• Defence concerns: A united front was needed for national defence.
• National identity: A sense of Australian nationalism was emerging.
• Railway standardisation: Lack of uniformity in railway gauges across colonies.
• Immigration control: Need for a common immigration policy.

4. Federation Movement**

• 1890s: Series of constitutional conventions and debates.

• Key events:
• 1891: First Constitutional Convention – Draft prepared but not adopted.
• 1897–98: Second Convention – New draft developed.
• 1899: Referendums held in most colonies approving the draft Constitution.
• 1900: British Parliament passed the Commonwealth of Australia Constitution Act.

5. Role of the British Parliament

•  The Australian Constitution is a British Act of Parliament (Commonwealth of Australia Constitution Act 1900).
•  While it granted self-government, Australia remained under the British Crown.

6. Key Influences on the Constitution

• British Parliamentary System: Responsible government and the role of the Crown.
• United States Constitution: Federal structure, Senate, and written constitution.
• Canadian Constitution: Division of powers between federal and state governments.

7. Federation and the Birth of the Commonwealth

• On 1st January 1901,Australia became a Federation, and the six colonies became states of the Commonwealth.
• A new federal Parliament was created with powers over national matters.

8. Evolution Post-1901

• Statute of Westminster 1931: Gave Australia legislative independence from Britain (adopted in 1942).
• Australia Act 1986: Ended all legal ties with the British Parliament and judicial appeal to the Privy Council.

9. Summary

The Australian Constitution is both a product of British law and a unique creation reflecting Australian conditions.

Its historical background showcases a gradual evolution from colonial governance to independent federal democracy.

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Australian Constitution and Its Fundamental Features

1. Introduction

The Australian Constitution is the foundational legal document that sets out the structure, powers, and functions of government in Australia.

Came into force on 1st January 1901.

Officially titled the Commonwealth of Australia Constitution Act 1900 (UK).

2. Nature of the Constitution

• Written: Contained in a single formal document.
• Rigid: Can only be amended through a referendum under Section 128.
• Federal: Divides powers between the Commonwealth (central) and the States.
• Legal document: Supreme law of the land, enforceable by courts.

3. Fundamental Features of the Australian Constitution

A. Federal System of Government

• Division of powers between the Federal Government and State Governments.
• Three types of powers:
• Exclusive powers (only federal, e.g. defence, foreign affairs)
• Concurrent powers (shared, e.g. taxation)
• Residual powers (remain with states, e.g. education, health)

B. Parliamentary System (Responsible Government)

Based on the Westminster model.

• The Executive (Prime Minister and Cabinet) is drawn from and responsible to the Parliament.
• Governor-General represents the Crown but acts on advice of ministers.

C. Separation of Powers

• Clear division between the three organs:

  1. Legislative – Makes laws (Parliament)

  2. Executive– Implements laws (Government)

  3. Judiciary – Interprets laws (High Court and other courts)

• Promotes checks and balances.

D. Bicameral Legislature

Federal Parliament consists of:

  1. House of Representatives (Lower House) – Based on population.

  2. Senate (Upper House)– Equal representation from each state.

Ensures both population and state equality in legislation.

E. Constitutional Monarchy

•  Australia is a monarchy with the British Monarch as Head of State.
• Represented in Australia by the Governor-General (federal) and Governors (states).

F. Independent Judiciary

• The High Court of Australia is the highest court.
•  Has power to:
• Interpret the Constitution.
• Resolve disputes between the Commonwealth and the States.
• Strike down unconstitutional laws.

G. Rule of Law

•  Everyone, including the government, is subject to the law.
•  Constitutionally entrenched legal order.

H. Provision for Amendment

• Section 128: Constitution can be amended by:
• Approval by Parliament.
• Followed by a national referendum.
• Must achieve a double majority:
• Majority of voters nationwide.
• Majority of states (at least 4 out of 6).

I. Limited Protection of Rights

• No comprehensive Bill of Rights.
• Some explicit rights included:
• Right to religious freedom (Section 116).
• Right to trial by jury (Section 80).
• Right to just compensation (Section 51(xxxi)).

4. Conclusion

The Australian Constitution is a blend of British parliamentary traditions and American federalism.

Its fundamental features ensure a democratic, federal, and constitutional system that balances power, protects states, and upholds the rule of law.

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Government Structure of Australia

Introduction

Australia has a federal parliamentary democracy under a constitutional monarchy.

The Constitution of Australia establishes the structure of government and the division of powers.

The British Monarch is the formal Head of State, represented in Australia by the Governor-General.

Three Branches of Government (Separation of Powers)

Australia follows the principle of separation of powers, dividing the government into three branches:

A. Legislature (Parliament)

• Makes laws.
• Bicameral Federal Parliament:

I. House of Representatives (Lower House)

• 151 members (as of 2022), elected based on population.
• Forms government if it holds majority.

II. Senate (Upper House)

• 76 members (12 from each state, 2 from each territory).
• Represents the states equally.

B. Executive

• Administers and enforces laws.
• Composed of:
• Governor-General (represents the Monarch at the federal level)
• Prime Minister (head of government)
• Cabinet and Ministers (senior members from Parliament)

• At state level: Governors and Premiers.
• Responsible government: Ministers are accountable to Parliament.

C. Judiciary

• Interprets and applies the law.
• High Court of Australia is the highest court.
• Other federal and state courts exist.
• Independent from legislature and executive.
• Can declare laws unconstitutional.

Summary

Australia's government structure combines:

• Federalism
• Parliamentary democracy
• Constitutional monarchy

It ensures division of power, checks and balances, and citizen representation at multiple levels 

(centre, state and local level) .

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Legislature of Australia (Australian Parliament) 

1. Introduction

The Australian Parliament is the legislative branch of the federal government.

 Established under Chapter I of the Australian Constitution.

It follows the bicameral system, combining elements of both the Westminster and U.S. Congress models.

2. Composition of the Australian Parliament

The Parliament consists of three components:

A. The Monarch (King/Queen)

• The formal Head of State.
• Represented in Australia by the Governor-General.
• Gives Royal Assent to bills passed by Parliament, making them law.

B. House of Representatives (Lower House)

• Also called the People’s House.
• Total members: 151 (as of 2022).
• Members are elected from single-member electorates based on population.
• Term: 3 years (maximum).
• Leader: Prime Minister (leader of the majority party in the House).

Key Functions:

• Proposes and passes laws.
• Controls government expenditure (money bills must originate here).
•  Forms government (executive is drawn from here).
• Represents the Australian people.

C. Senate (Upper House)

• Also called the States’ House.
• Total members: 76
• 12 from each of the 6 states
•  2 from each of the 2 territories.
• Term: 6 years (state senators), with half elections every 3 years.
• Leader: President of the Senate.         Key Functions:
• Reviews, amends, and approves laws.
• Protects state interests.
• Can block legislation, including budget bills.
• Committee system to scrutinize government actions.

3. Powers of the Australian Parliament

A. Legislative Powers

• Parliament makes laws for the peace, order, and good government of Australia.
• Powers are outlined in Section 51 of the Constitution.

Examples: Trade, defence, foreign affairs, taxation, immigration.

Types of powers:

  Exclusive Powers: Only the federal parliament can legislate (e.g. currency, defence).

 Concurrent Powers: Shared with states (e.g. taxation).

 Residual Powers: Remain with states (not listed in Constitution).

B. Financial Powers

• Parliament has control over public funds.
• Money bills can only originate in the House of Representatives.
• Senate can suggest amendments, but cannot initiate or amend money bills.

C. Amendment Power

•  Under Section 128, Parliament can propose changes to the Constitution.
•  Requires:

  1. Passage by absolute majority in both Houses.

  2. Approval in a referendum by a double majority:

• Majority of national voters.
• Majority of voters in at least 4 of 6 states.

D. Oversight and Accountability

• Parliament holds the executive accountable through:
• Question Time
• Committees
• Votes of no confidence
• Budget debates

E. Representative Function

•  Members represent electorates (House) and states (Senate).
• Citizens elect representatives through universal adult suffrage.

 4. Conclusion

The Australian Parliament is a powerful institution combining representation, legislation, and accountability. 

 Its structure ensures a balance of power between the people (House) and states (Senate), and between the Parliament and the Executive.

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 Australian Prime Minister (executive branch) 

1. Introduction

• The Prime Minister (PM) is the head of government in Australia.
• Not directly mentioned in the Australian Constitution, but exists by convention and political practice.
• Leads the executive branch and is the most powerful political figure in the country.

2. Composition and Appointment

Who Becomes Prime Minister?

•  The leader of the majority party (or coalition) in the House of Representatives. 
• Must be a Member of Parliament (MP).

Appointment Process

1. After a federal election, the Governor-General invites the leader of the majority party to form government.

2. The Governor-General officially appoints the Prime Minister.

Tenure

•  No fixed Tenure
• Remains in office as long as:
• They retain the confidence of the House of Representatives.
• Their party supports them as leader.

3. Powers and Functions of the Prime Minister

A. Executive Powers

• Leads the Federal Executive Council.
•  Chairs Cabinet meetings and sets the government agenda.
• Advises the Governor-General on key appointments (e.g. ministers, judges, ambassadors).
•  Oversees the functioning of various ministries and departments.

B. Legislative Powers

• Controls government business in Parliament.
• Plays a central role in introducing and defending government legislation.
• Can influence the dissolution of the House and calling of elections (via Governor-General).

C. Administrative Powers

• Allocates portfolios among ministers
• Can reshuffle the ministry.
• Coordinates the activities of different departments and ensures policy implementation.

D. International Role

•  Represents Australia in
• international forums, summits, and diplomatic relations.
•  Signs international treaties (with Cabinet approval).

E. Crisis Leadership

•  Leads the country during national emergencies, wars, or disasters.
• Acts as chief spokesperson of the government in times of crisis.

F. Party Leadership

•  Heads the ruling party or coalition.
•  Influences party policies, election campaigns, and political strategies.

4. Limitations and Accountability

•  The Prime Minister is not above the law. 
• Accountable to:
• Parliament (can be removed by vote of no confidence).
• Party (can be replaced as leader).
• People (indirectly, through general elections).

6. Conclusion

Though not constitutionally defined, the Prime Minister wields significant power due to convention, parliamentary majority, and political leadership.

Their authority is balanced by the principles of responsible government and democratic accountability.

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Australian Judiciary

1. Introduction

• The Australian Judiciary is the judicial branch of the government.
• It interprets and applies laws, resolves disputes, and ensures justice.
• Independent from the legislative and executive branches.
• Established under Chapter III of the Australian Constitution.

2. Composition of the Australian Judiciary

The judicial system in Australia operates at two levels:

A. Federal Judiciary

I. High Court of Australia (Established 1903)

• Apex court and final court of appeal.
• Consists of 7 judges:
• Chief Justice and 6 other Justices.
• Interprets the Constitution and settles disputes between states and between state and federal governments.

II. Federal Court of Australia

• Deals with civil disputes governed by federal law (e.g. taxation, corporations, trade practices).
• Hears appeals from the Federal Circuit and Family Court.

 3. Family Court of Australia

• Specialises in family law (e.g. divorce, child custody, property settlement).
• Now merged with the Federal Circuit Court into the Federal Circuit and Family Court of Australia. 

 4. Federal Circuit and Family Court of Australia (since 2021)

 Handles less complex federal and family law matters.

B. State and Territory Courts

Each state and territory has its own court hierarchy:

• Supreme Courts: Highest court in each state.
• District/County Courts: Handle serious criminal offences and civil disputes.
• Magistrates’ Courts: Handle minor criminal matters and civil claims.

3. Jurisdiction of the Australian Judiciary

A. Original Jurisdiction

 I.High Court (Section 75 & 76 of Constitution):

Cases involving:

• Interpretation of the Constitution.
• Disputes between states or between a state and the Commonwealth.
• Matters involving international treaties.
• Writs against federal officers.

II. Federal Courts:

Matters under federal law, such as:

• Bankruptcy
• Native title
• Industrial relations
• Immigration

 III. State Courts:

• Criminal and civil matters under state laws.
•  Traffic offences, property disputes, local criminal trials, etc.

B. Appellate Jurisdiction

High Court:

•  Final court of appeals
•  Hears appeals from:
• Federal courts
• State Supreme Courts
•  Family Court
•  Requires special leave to appea.

Other courts:

Federal and state courts have internal appeals (e.g. Magistrates' Court → District Court → Supreme Court).

C. Constitutional Jurisdiction**

•  Only the High Court can:
• Interpret the Constitution.
•  Declare laws invalid if they conflict with the Constitution.
• Act as guardian of constitutional rights and federal balance.

5. Conclusion

 The Australian Judiciary is a pillar of democracy, ensuring justice, constitutional integrity, and the rule of law. 

The High Court plays a key role in maintaining federal balance and protecting legal rights.

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Australian Federation

1. Introduction

Australia is a federation, meaning it is a political system where power is divided between a central (federal) government and several regional (state) governments. The Australian Federation was officially established on 1st January 1901, when the six British colonies united to form the Commonwealth of Australia under a single constitution. This marked the birth of Australia as a nation.

2. Historical Background

Before 1901, Australia consisted of six separate British colonies—New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania. Each colony had its own government, laws, and economic policies. However, over time, several factors such as defence needs, trade and communication, and a growing sense of national identity led to calls for unification.

The process of federation was peaceful and democratic. A series of conventions and referendums led to the drafting and eventual acceptance of the Australian Constitution, which came into effect through the Commonwealth of Australia Constitution Act 1900 (UK Parliament).

3. Key Features of the Australian Federation

The Australian Federation is characterised by the division of powers between the federal government and the states. While the Constitution outlines specific powers of the federal government, all other powers are left with the states. The system is based on the principle of cooperative federalism, although at times tensions and disputes arise over power-sharing.

Another important feature is the presence of a written constitution, which clearly defines the powers and responsibilities of each level of government. The High Court of Australia plays a vital role in interpreting the Constitution and resolving disputes between the federal and state governments.

4. Division of Powers

The Constitution divides legislative powers between the Commonwealth and the states into three categories:

•  Exclusive powers, which only the federal government can exercise (e.g. defence, foreign affairs, currency).
• Concurrent powers, which both levels of government can exercise (e.g. taxation, trade). In case of conflict, federal law prevails.
• Residual powers, which are not listed in the Constitution and therefore belong to the states (e.g. education, police, health).

This division helps maintain a balance between national unity and regional diversity.

5. Roles of Different Governments in the Federation

The Federal Government is responsible for issues of national importance such as immigration, defence, foreign affairs, and customs. It also manages national economic policies and social services.

The State Governments manage matters closer to the daily lives of people such as education, health care, public transport, police services, and local roads.

Additionally, Local Governments (councils), although not mentioned in the Constitution, operate under state laws and handle community-level issues like waste management, local roads, parks, and libraries.

6. Advantages of the Federation

One major advantage of federation is that it allows for decentralised governance, where decisions can be made closer to the people they affect. It also encourages experimentation and innovation, as different states can try different policies. Federation strengthens democracy by dispersing power and providing more opportunities for citizen participation.

7. Challenges in the Federation

Despite its advantages, the federation faces several challenges. There is often overlap and duplication of responsibilities between federal and state governments, leading to inefficiencies. Financial dependence of states on the federal government also creates tensions. Disputes over constitutional interpretation can arise, requiring the intervention of the High Court. Achieving national unity while respecting state autonomy remains a delicate balancing act.

8. Evolution of the Federation

Since 1901, the federation has evolved significantly. The federal government’s powers have increased, especially in areas like taxation and social policy. Cooperative federalism has emerged as a key trend, with all levels of government working together on national issues such as education, health, and disaster response. There have also been ongoing discussions about constitutional reform and the recognition of Indigenous Australians within the federal structure.

9. Conclusion

The Australian Federation is a unique blend of unity and diversity. It has enabled Australia to function as a cohesive nation while respecting the rights and identities of individual states. Despite challenges, the federation has adapted and evolved to meet the changing needs of Australian society. Its success lies in the ongoing commitment to constitutional principles, democratic governance, and cooperative federalism.

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Difference Between British Monarch and Australian Monarch

1. Introduction

Both the British Monarch and the Australian Monarch refer to the same individual—currently King Charles III. However, the roles, powers, and constitutional positions of the Monarch in the United Kingdom and Australia are different due to their separate legal and political systems. Australia is a constitutional monarchy and part of the Commonwealth realm, meaning the British Monarch is also the sovereign of Australia, but in a distinct constitutional capacity. 

2. Constitutional Position

In the United Kingdom, the British Monarch is the sovereign and Head of State of the UK and performs ceremonial and symbolic duties within the framework of the British Constitution.

In Australia, the same person is recognised as the King of Australia, a separate legal entity. This role is largely ceremonial and symbolic, and the powers of the Australian Monarch are limited by the Australian Constitution. These powers are carried out on the monarch’s behalf by the Governor-General. 

3. Legal Identity

The British Monarch is the constitutional head of only the United Kingdom and its government.

The Australian Monarch, while being the same person, is a separate legal sovereign under Australian law, acting solely in the context of Australia's constitutional framework. 

This distinction is important: the King acts in different capacities for each Commonwealth realm, including Australia, Canada, and New Zealand.

4. Role in Government

In the United Kingdom, the British Monarch:

• Appoints the Prime Minister (based on parliamentary majority),
• Opens Parliament,
• Gives royal assent to laws,
• Performs national and international ceremonial duties.

In Australia, the Australian Monarch:

• Appoints the Governor-General (on the advice of the Australian Prime Minister),
• Acts only through the Governor-General in all national affairs, 
• Has no direct involvement in Australian political processes or Parliament,
• Does not reside in or routinely interact with Australia’s government.

5. Representation

In the UK, the Monarch personally fulfills ceremonial and constitutional roles.

In Australia, all such roles are fulfilled by the Governor-General, who acts as the Monarch’s representative and performs duties such as:

• Giving royal assent to bills
• Appointing ministers, judges, and ambassadors,
• Commanding the armed forces,
• Exercising reserve powers in exceptional cases.

6.Legal and Symbolic Significance

In Britain, the Monarch is a central symbol of national unity and is integrated into the cultural and institutional framework of the country.

In Australia, the Monarch is a symbol of constitutional heritage  but is often seen as distant or symbolic of the colonial past. There is ongoing public and political debate about the relevance of the monarchy in modern Australia, including calls for becoming a republic. 

7. Conclusion 

In essence, while the British Monarch and the Australian Monarch are the same person, their legal roles, constitutional significance, and functions are entirely different. The British Monarch is actively involved in the UK’s ceremonial statecraft, while the Australian Monarch is a symbolic head of state whose powers are exercised by the Governor-General, under the authority of the Australian Constitution. This reflects Australia’s status as an independent sovereign nation within the Commonwealth of Nations.