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Features of the Constitution and Government. What is the constitution?
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What is the constitution? • The Constitution is the document that sets out the rules of the Commonwealth (or federal) Government. The Constitution became part of a British Act of Parliament, because in 1901 only Britain could make laws for all of Australia.
Although the colonies saw the advantage of a federal government they did not want to lose the independence they had enjoyed. The constitution was drawn up to ensure: • Section 51 of the Constitution stated what the federal powers were to be, so that everything else could remain with the states • Created the Senate, where each state had the same number of members • The Constitution could be changed only by a referendum, in which the people would vote yes or no for the change. Also decided the change required the agreement of both a majority of voters and a majority of states
Westminster system The constitutions from around the world were studied so that the best model could be implemented in Australia. Britain’s system (Westminster system) was used as the basis, creating three arms of government. This included: • A head of state • An executive, centred on the Prime Minister as leader of the political party forming the Government • An opposition.
Parliament The main task of parliament is to make laws that apply to all Australians. For a law to be created it must be approved by ALL three sections sections of parliament. It consists of: • A bill is agreed to by getting a majority vote in both house of Parliament- House of Represents and then the Senate. • The Governor General gives his/her assent • The Bill becomes an Act of Parliament and so becomes part of the laws of the country.
The Houses • Senate = Upper house • House of Representatives = Lower House • Made up of politicians elected, or voted, by the people. • Twice as many members of the House of Representatives as in the Senate. • Members of the House of Representatives would represent electorates (voting areas). These members are chosen by Australians to be part of Parliament for three years. (Currently, electorates have on average around 125 000 people each and 92 000 voters.) • Members of the Senate (senators) elected for six years. There are equal number of senators (12) elected from each state, regardless of population.
The House of Representatives • In theory, the House of Representatives is more powerful than the Senate, because: • Only they can decide to impose taxation and spend money. • The government is based on the political group/groups that have a majority of politicians in the House of Representatives.For example, if Labor Party has the majority (most members) in the House of Representatives, they form government and its leader becomes Prime Minister. The major party or parties with a minority of members in the House of Representatives is called the Opposition. • The Prime Minister selects members of Parliament (from his or her own party) to be other ministers. Including defence, foreign affairs and Aboriginal affairs. • The most important minister, after the Prime Minister, is the Treasurer. The Treasurer is responsible for raising and spending money. • The Prime Minister and senior ministers meet together as the Cabinet it is here that the most important government decisions are made.
The Senate • The Senate may refuse to pass Bills sent to it by the House of Representatives. If it did this repeatedly, the work of government would stop. If The Senate refuse to pass a proposed law twice in three months, then there could be a double dissolution. Both houses would be dissolved (or closed) and a general election held. • After the election, if the Senate again refused to pass the Bill or Bills, the two houses of Parliament would meet together in a joint sitting and a simple majority vote would be taken to decide the issue.
Three levels ofgovernment There are three levels of government in Australia: • federal • State • local Each has its own areas of responsibility.
Changing the constitution Section 128 sets out the way the Constitution can be changed: • a referendum must be held and can only be changed if a majority of voters in a majority of states vote in favour of the change. • Some of the changes that have taken place relate to: • Its interpretation by the High Court in response to changing circumstances • recognition of Indigenous Australians after the 1967 referendum • the greater role played by the Commonwealth Government today, • wording, as a result of referenda. It is the role of the High Court to interpret and apply the Constitution.
