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Assignment on Creation of the Australian Constitution

   

Added on  2020-04-15

4 Pages961 Words72 Views
Creation of the Australian constitutionBefore 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[ CITATION Moe12 \l 1033 ].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[ CITATION Moo13 \l 1033 ]. 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 constitutionAustralia 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[ CITATION LaN14 \l 1033 ].
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How the Australian government makes lawsAlthough 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[ CITATION Lum12 \l 1033 ].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[ CITATION LaN14 \l 1033 ]. 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 particularand 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[ CITATION Lum12 \l 1033 ]. The parliament has the mandate to override any territory by the use of section 122 of the constitution.
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