3016LAW - Role of Government Sector: Constitutional Law Report

This report explores the role of a government constitutional law and policy adviser, focusing on key areas such as the separation of powers, constitutional heads of power, human rights, and constitutional amendments. The report outlines the responsibilities of a constitutional law adviser, including ensuring adherence to constitutional provisions and promoting human rights awareness. It also addresses the process of constitutional amendments, including the significance of referendums and voter education. The report emphasizes the importance of maintaining checks and balances among the arms of government and upholding the principles of fairness and justice, particularly in the context of the First Nations voice in the Constitution. The role of the adviser extends to providing expert advice on constitutional matters, including the consistency of proposed legislation with constitutional principles and the promotion of human rights within the government's framework.

The Role of Government Sector:
Constitutional Law and Policy Adviser
• Separation of Powers ; Parliament, Executive and Judiciary
• The Australian Constitution defines three separate groups in the first
three chapters and the roles they play. The principle referred to as
separation of powers allows for the division of the federal law into the
three groups which have the power of making and managing the law.
This power should be evenly distributed to avoid its abuse. Each group
should ensure checks and balances on the other two.
• The Parliament plays the role of making and amending the law, the
Executive ensures that the law is put into action and the Judiciary’s role
is to make judgments regarding the law.
• My role as a government constitutional law adviser is to ensure that all
the three arms of government adhere to their individual powers and
that there is no overriding or redundancy of any such power.

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
laid out mandates. In practice, it is the Prime Minister
and senior Ministers (Cabinet) who possess this power,
even though it is not laid out in the Australian
constitution. As a Government constitutional law
adviser, my role is to ensure adherence to the
constitutional provisions and its implementation or for
the amendment of such provisions which don not apply
in practice.

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. Another role would be the enhancement
of government education of human rights among all and
mobilizing of funds for the same. There should also be the
continued engagement of the government to ensure that
human rights are protected and promoted. I would also
encourage the government to uphold the respect for
human rights by complying with the practices and
policies of the United Nations treaties.

Constitutional Amendments
• In order for there to be a constitutional amendment, there
must be a constitutional referendum. There have been
significant amendments to the Australian constitution
including amendment for social services in 1946 and the 1967
Aboriginal referendum for the Australia’s indigenous peoples.
• A referendum should characterize a significant constitutional
change. There should also be effective voter education before
they participate in a referendum as it is a process that marks a
historical change in any given country. The electorate must not
let the political class use them for their own selfish gains.