3016LAW 2019: Constitutional Law and Policy Adviser Report

This report, prepared for the 3016LAW course, analyzes the role of a government constitutional law and policy adviser, focusing on the Australian context. It begins by examining the principle of separation of powers, outlining the roles of the Parliament, Executive, and Judiciary. The report then discusses constitutional heads of power, emphasizing the role of the Governor-General and the Prime Minister. It further delves into human rights, advocating for government commitment to promoting awareness and protecting the rights of all citizens, including marginalized groups. The report also addresses constitutional amendments, specifically referencing the referendum process and the importance of voter education. The assignment's context is the establishment of a First Nations Voice enshrined in the Constitution, as requested by the 2017 National Constitutional Convention (Uluru Statement of the Heart). The report aims to provide expert and authoritative advice to the government on constitutional law matters, adhering to the AGLC style of referencing.

THE ROLE OF GOVERNMENT SECTOR: CONSTITUTIONAL LAW AND POLICY
ADVISER
A. Separation of Powers
The constitution of Australia defines three separate groups in the first three chapters and the
roles they play. The principle of separation of powers allows for the division of federal law
into the three groups. Each group must ensure checks and balances of the other two arms. The
Parliament is in charge of making and amending the law, the Executive ensures the putting
into action of the law and the Judiciary makes judgments based on the law. My role as a
government adviser for constitutional law is to ensure loyalty to the Australian constitution
whereby the doctrine of separation of powers by the three arms of government ought to be
upheld such that every individual set of power should not be overridden or redundant.
B. Constitutional Heads of Power
The Australian constitution provides that Commonwealth executive power is held by the
Queen who is represented by the Governor-General in the implementation of the stipulated
mandates. In practice, it is the Prime Minister and senior Ministers (Cabinet Ministers) who
possess this power, even though this is not provided for in the Australian Constitution. I will
use my position as a government constitutional law adviser to ensure that the constitutional
provisions are adhered to and its implementation or amendment of such provisions which are
in ambiguity or vague in application.
C. Human Rights
As a government constitutional adviser, I would look into the reaffirmation by the
government of its commitment in promoting the Australian human rights awareness and
understanding. I would also work for the enhancement of government education of human
rights among all the Australian citizens including the marginalised groups. I would also
mobilize for funds that would be required for the actualisation of the same. There should also
be continued engagement of the government to ensure that human rights are protected and
promoted. I would encourage the government to uphold the respect for human rights by
complying with the practices and policies of the United Nations treaties.
D. Constitutional Amendments
A referendum is required for there to be a constitutional amendment in Australia. There have
been significant amendments in the earlier years which include the amendment for social
services in 1946 and the 1967 Aboriginal referendum for the Australia’s indigenous peoples.
Where there is an actual need for a referendum, this referendum should be for the bringing of
change that benefits the greater public interests. There should also be effective voter
education before they participate in a referendum as this is a critical process which is written
in the historical books of any given country.

BIBLIOGRAPHY
A. Legislation
Australian Constitution
B. Other
Canberra, House of Representatives Practice, Department of the House of Representatives 07
(2018)
Human Rights Consultation Committee Report, September 2009, www.ag.gov.au.