Australian Constitution: Origins & Powers

This assignment explores the formation of the Australian Constitution, outlining the conventions and agreements leading to its establishment in 1901. It delves into the roles of the constitution, including establishing a federal government and defining the relationship between the Commonwealth and states. The document also examines how Australia's government makes laws, highlighting the division of powers between federal and state governments. Finally, it analyzes the sharing of economic power between different levels of government.

Creation of the Australian constitution
Before the start of the 20th century, the present states of Australia were separate colonies
of the Empire of British people. Each of the colonies was invited to attend a federation after the
colonies decided to come together and the meetings (which were called the conventions
meetings) were called to come up with a constitution which was meant for a new nation. The
approval of the draft constitution was done by a vote of people in the referendums which were
held in each cluster (Moen, Gabriel, John, & Richard, 2012).
The newly formed Australian Nation was given an establishment in 1st January 1901 and
the latter was done following the passing of the commonwealth of Australian constitution act by
the parliament of the United Kingdom (Moore & William , 2013). The constitution that had been
drawn up at the agreement formed part of this Act and which gave a declaration that the
constitution of the commonwealth would be as follows:
Roles of the Australian constitution
Australia would be coalition of States having their own constitution, administration and
rules. The constitution of Australia originated as a result of an agreement due to coming together
of the former colonies as states of coalition. To be precise, the constitution established a form of
government which included the commonwealth, the national or the central government and then
it (the constitution) sets out the foundation for associations that subsists amid the commonwealth
and the states (La Nauze, 2014).

How the Australian government makes laws
Although that the six federations joint to mount the Commonwealth of Australia, they
still each have the power to make their own specific rules over matters not under the control of
the Commonwealth under Sector 51 of the Constitution. State governments moreover have their
own constitutions, and also an assembly of council, the executive and judiciary.
Domains are regions inside Australia's borders that are not guaranteed by one of the six states.
Regions can be directed by the Australian Government, or they can be conceded a right of self-
government (Lumb & Richard, 2012).
When the states in Australia came together to form a nation on 1st January 1901, the
states (by then colonies) transferred some of their powers for law making to the new Australian
parliament. The Australian constitution under section 51 shows the areas under which the
government of Australia can make laws (La Nauze, 2014). The national issues which are
mentioned the include foreign affairs, Medicare and the security issues.
The areas that are not listed in the section 51include the responsibilities of the state
governments. The latter issues include: the hospitals, police and also roads. I most cases, the
parliament of Australia and the states have the power to make and pass some laws on a particular
and precisely the same issue. Under section 109 of the constitution, it states that a federal law
may supersede a federal law in a case where a conflict exists between the two (Lumb & Richard,
2012). The parliament has the mandate to override any territory by the use of section 122 of the
constitution.

How the economic power is shared
The monetary grant is the essential way that the elected, state and nearby administrations
coordinate their approaches and importance. Directly or in a roundabout way, all arrangement at
all stages of government includes finance (La Nauze, 2014). Dissimilar to the administration
which can acquire a deficiency to subsidize its day‐to‐day procedures, state and nearby regimes
by decree must work inside the limits of an "adjusted" spending plan, implying that
consumptions can't surpass approaching charge income for the financial plan year (Moen,
Gabriel, John, & Richard, 2012). The first and end dates of monetary years change for the
government versus state and neighborhood governments.
In some given cases, State and neighborhood governments likewise possess double year
spending strategy cycles. The expenses plan cycle enterprises verdict‐making at all
governmental levels. The Tenth Amendment to the constitution of Australia articulates: "The
powers not allotted to the Australian by the Constitution, nor deprived of by it to the Federations,
are saved to the Federations independently, or to the public." The government and neighborhood
Governments have an interest for safeguarding and serving nearby desires (Moore & William ,
2013). While the administration and state governments stake control in innumerable ways, a
neighborhood government must be allowed control by the state. Region governments are sorted
out nearby governments accepted in national constituents and decrees. In most federations,
constituency and city governments are casing suggesting that municipal zones are inside districts
and administration conveyance is communal.

Reference list
La Nauze, J. A. (2014). The making of the Australian constitution. Melbourne University.
Lumb, & Richard, D. (2012). The constitutions of the Australian states. St. Lucia, Q.: University of
Queensland Press.
Moen, Gabriel, John, T., & Richard, D. L. (2012). The Constitution of the Commonwealth of Australia .
LexisNexis Butterworths.
Moore, & William , H. (2013). he constitution of the commonwealth of Australia. CF Maxwell.