The CW Constitution

• Chapter 1: Parliament

  Part 1 - General

  Section 1 


  The legislative power of the CW shall be vested in a federal parliament, which shall consist of the queen, a senate, and a house of reps.
• Section 1 creates a bicameral parliament and establishes Australia as a constitutional monarchy where the king play a formal role and has no part in legislation
• Chapter 1: Parliament

  Part 1: General

  Section 2

  It establishes the role of the gov-gen who represents the king and serves at their pleasure.

  A gov-gen appointed by the queen to represent her majesty with powers, she is pleased to assign him.
• Chapter 1: Parliament

  Part 2: Senate

  section 7


  Establishes the senate as the states' house

  Senate members are to be directly chosen by the people. there shall be an equal number of senators for each original state. Senators chosen for a term of 6-years and their names certified to the gov-gen.
• The purpose of section seven is to ensure Australia as a representative democracy that upholds political representation and participation. It ensures states are equally represented regardless of their population.
• Chapter 1: Parliament

  Part 2: Senate

  Section 13


  It outlines the rotation of senators every 3 years.

  A senate rotation is est. in which senators, while elected for 6-years, half must go to the polls every 3 years. Following a full dissolution, senators are divided into 2 classes, first class serve 3 years, second class serve 6 years.
• Chapter 1: Parliament

  Part 3: HOR

  section 24


  Establishes the HOR as the people's house and is referred to as the 'nexus clause'

  House of reps members are to be directly chosen by the people, and that the house is to have twice the membership of the senate (nexus). Seat numbers based on population but no original state has less than 5.
• The significance of section 24 ensures the people are sovereign and Australia remains as a representative democracy that allows political representation and participation.
• Chapter 1: parliament

  part 3: HOR

  section 28


  Outlines the HOR shall continue for max terms of 3 years; however, may be dissolved sooner by the Gov-Gen.

  Every house of reps to go to the polls after max of 3 years, may be dissolved sooner by the Gov-gen
• Chapter 1: parliament

  part 2: both houses of parliament

  section 41


  State voters are allowed to vote in C'wealth elections (transitional section)
• Chapter 1: Parliament

  part 5: powers of parliament

  section 51


  Known as the 'legislative powers of parliament"

  Tt grants the parliament the power to make laws for the peace, order, and good govt of the CW

  The parliament shall have powers to make laws with respect to: (ii) taxation, (xx) corporations, (xxix) external affairs, (xii) currency, coinage, legal tenders, and (xix) naturalisation, aliens
• Section 51 is the longest section of the constitution with 40 subsections. These are concurrent powers and are important 'head of power' that grants parliament law-making powers.
• Chapter 1: Parliament

  part 5: powers of parliament

  section 52


  CW has exclusive powers:

  1. the seat of CW govt
  2. matters of federal public service
  3. matters exclusive to the CW
• Chapter 1: Parliament

  part 5: powers of parliament

  section 53


  The senate may not originate any law that imposes tax or raises revenue, nor amend any proposed laws to impose tax or raise revenues. Except for the above provisions, the senate is equal to the house of reps.
• Section 53 allows both houses of parliament to be equal in lawmaking powers, with one exception, money bills.
• Chapter 1: Parliament

  Part 5: houses of parliament

  section 57


  It outlines the provisions for a double dissolution

  A proposed law that is rejected twice by the senate may lead to a double dissolution of the parliament. If the election that follows fails to resolve the issue the gov-gen may call a joint sitting of both houses. Deadlock is resolved by majority vote.
• Section 57 was created to provide a way to overcome a legislative deadlock by dissolving parliament.

  There has been 7 double dissolutions with the most recent one being in 2016
• Chapter 2: Executive govt

  section 61


  Executive power of CW is vested in the queen and exercised by the gov-gen
• Chapter 2: Executive govt

  section 62


  Refers to the federal executive council

  There will be a federal executive council to advise the gov-gen holding office during his pleasure
• Chapter 2: Executive govt

  section 63


  Outlines the provisions to the gov-gen

  Gov-gen in council refers to the gov-gen acting with advice from the federal executive council
• Chapter 2: executive govt

  section 64


  establishes ministers of states

  The gov-gen in council is to appoint queen's minister of state to administer the gov departments, each one being a senator or member of the house of reps.
• Section 64 guarantees the formation of govt as a responsible parliamentary allowing party(ies) to form govt with majority of seats in HOR, the leader will become Prime minister
• Chapter 2: Executive govt

  section 68


  Refers to command of naval and military forces

  The command in chief of the naval and military forces of the CW is vested in the gov-gen as queen's representative
• Chapter 3: the Judicature

  section 71


  Judicial power of the CW is vested in the high court of Australia and any other federal courts created. There is to be a chief justice and at least two other justices, more as required
• Chapter 3: The Judicature

  section 72


  establishes the appointment of high court and federal court judges

  Justices of the high court are appointed by gov-gen in council but may only be removed of there is proven serious conduct (mis), and by gov-gen requesting that each house of parliament dismiss that judge. Judges' salaries may not be dismissed but they retire by 70 years of age
• Section 72 refers to the 1977 amendment that established retirement age for judges.
• Chapter 3: The Judicature

  Section 73


  Establishes the high court's appellate jurisdiction

  The high court shall have appellate jurisdiction over all federal and state courts and commissions; judgements and orders, including high court judgements. It states the decisions of the HCA are final but there is no guaranteed right to appeal.
• An example of section 73 is Pell v Queen (2020)
• Chapter 3: The Judicature

  section 75


  Outlines original jurisdiction (cases that originate in HCA to all matters)

  High court shall have original jurisdictions over all matters - arising under any treaty; affecting consults or foreign reps when CW is partly in a law suit between different states (or residents) writs sought against CW officials
• Chapter 3: The Judicature

  section 76


  Establishes the function of additional original jurisdiction

  Parliament may make laws giving original jurisdiction to the high court - this constitution and its interpretation, any laws made by the parliament, admiralty and maritime jurisdiction, matters under different state laws.
• An example of 76 is Love and Thoms v The commonwealth (2020)
• Chapter 3: The Judicature

  section 80


  Trial by jury to be held for all indictments on federal offenses and held in state where all offense occurred
• Chapter 4: Finance and Trade

  section 87


  It was designed to guarantee state revenue

  For first 10 years, 3/4 of the customs revenue to be handed back to the states.
• Chapter 4: Finance and Trade

  section 90


  It establishes the exclusive power over customs, excise, and bounties

  The power to impose customs and excise duties and grant boundaries is exclusive to the CW
• Chapter 4: Finance and Trade

  section 92


  It requires interstate trade to be 'absolutely free'

  Trade, commerce, and intercourse amongst states by internal carriage or by ocean, shall be absolutely free
• Chapter 4: Finance and Trade

  section 96


  Establishes financial grants.

  Commonwealth parliament may, for 10 years or longer if it provides, grants financial assistance to any state on such terms it thinks fit
• Chapter 4: Finance and Trade

  section 105A


  Details controls over state debts
• Chapter 5: The states

  section 107


  Outlines the saving of power of state parliaments

  The parliamentary power of the states, subject to the constitution, shall continue as at federation
• Chapter 5: The States

  section 109

  When state law is inconsistent with CW law, the latter prevails and the former shall be invalid
• Chapter 5: The states

  section 116


  The CW shall not make any law establishing any religion or imposing religious observance, or prohibit the free exercise of any religion testing as qualification for any public office