Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed.
On 22 September 1951, a referendum was held in Australia which sought approval to alter the Australian Constitution to give Parliament the power to make laws regarding communism and communists, so that the Parliament would be empowered to instate a law similar to the Communist Party Dissolution Act of 1950. It was not carried.
The Constitution Alteration Bill 1910, was put to voters for approval in a referendum held in the 1911 referendums. The bill sought to alter the Australian Constitution to extend the Commonwealth power in respect of trade and commerce, the control of corporations, labour and employment and combinations and monopolies. All of the proposed changes were contained within the one question.
The Constitution Alteration (Monopolies) Bill 1910, was put to voters for approval in a referendum held in 1911 that sought to alter the Australian Constitution to give the Commonwealth power to nationalise any corporation deemed by both houses of parliament to be a monopoly.
The Constitution Alteration Bill 1912, was an unsuccessful referendum held in 1913 that sought to alter the Australian Constitution to extend Commonwealth legislative power in respect to trade and commerce.
The Constitution Alteration (Corporations) Bill 1912, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to corporations that was put to voters for approval in a referendum held in 1913.
The Constitution Alteration Bill 1912, was an unsuccessful referendum held in 1913 that sought to alter the Australian Constitution to give the Commonwealth legislative power in respect to industrial matters.
The Constitution Alteration (Trusts) Bill 1912, was an unsuccessful referendum held in 1913 that sought to alter the Australian Constitution to give the Commonwealth legislative power in respect to trusts.
The Constitution Alteration Bill 1912, was an unsuccessful referendum held in 1913 that sought to alter the Australian Constitution to give the Commonwealth legislative power in respect to monopolies.
The Constitution Alteration Bill 1912 was an unsuccessful referendum held in 1913 that sought to alter the Australian Constitution to give the Commonwealth legislative power over industrial relations in the state railway services. The question was put to a referendum in the 1913 Australian referendum.
The Constitution Alteration Bill 1919, was an unsuccessful proposal to alter the Australian Constitution to temporarily extend Commonwealth legislative powers with respect to trade and commerce, corporations, industrial matters and trusts that was put to voters for approval in a referendum held in 1919. If approved, the amendments would have operated for a maximum of 3 years. The 1919 referendum was held in conjunction with the 1919 federal election.
The Constitution Alteration Bill 1919, was an unsuccessful Australian referendum seeking to alter the Australian Constitution to extend the government's power to legislate in respect of monopolies. The question was put to a referendum in 1919, held in conjunction with the 1919 federal election.
The Constitution Alteration Bill 1926, was an unsuccessful referendum held in 1926 that sought to alter the Australian Constitution to give the Commonwealth legislative power to protect the public from any actual or probable interruption of essential services.
The Constitution Alteration (Aviation) Bill 1936, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to air navigation and aircraft. It was put to voters for approval in a referendum held on 6 March 1937.
The Constitution Alteration (Marketing) Bill 1936, was an unsuccessful proposal to alter the Australian Constitution to ensure that the Commonwealth could continue legislative schemes for the marketing of agricultural produce such as the quota for dried fruits. It was put to voters for approval in a referendum held on 6 March 1937.
The Constitution Alteration Bill 1946, was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth power to make laws regulating employment in industry. It was put to voters for approval in a referendum held on 28 September 1946. The question was narrowly rejected, with a minority of 1.80% in the fourth state, South Australia.
New South Wales v Commonwealth is a landmark decision of the High Court of Australia, which held that the federal government's WorkChoices legislation was a valid exercise of federal legislative power under the Constitution of the Australian Commonwealth Act 1901. In essence, the majority found the Constitution's corporations power capable of sustaining the legislative framework, while the conciliation and arbitration and territories powers were also seen as supporting parts of the law. Furthermore, the majority also held that the legislation permissibly limited State powers and did not interfere with State constitutions or functioning. A minority dissented.
Huddart, Parker & Co Pty Ltd v Moorehead is a leading decision by the High Court of Australia that dealt with two issues under the Australian Constitution, the identification and extent of judicial power that is vested in the courts and the corporations power of the Parliament. The Court unanimously held that the inquiry provisions of the Australian Industries Preservation Act 1906 were not an exercise of judicial power. The judgement of Griffith CJ in particular continues to be cited in relation to its examination of the identification and extent of judicial power. The court however divided on the proper approach to the corporations power. The majority, Griffith CJ, Barton & O'Connor JJ, strongly influenced by the now discredited doctrine of reserved State powers, held that the corporations power was to be construed narrowly because the trade and commerce power did not include intrastate trade and commerce. While the reserved powers doctrine was unambiguously rejected by the High Court in 1920, Huddart, Parker was not formally overruled by the High Court until Strickland v Rocla Concrete Pipes Ltd (1971).
Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association, known as the Railway Servants Case, is an early High Court of Australia case that held that employees of State railways could not be part of an interstate industrial dispute under the conciliation and arbitration power, applying the doctrine of "implied inter-governmental immunities". The doctrine was emphatically rejected by the High Court in the 1920 Engineers' Case, and in 1930 the High Court upheld the validity of an award binding on state railway authorities.
The 1988 Constitution Alteration , was an unsuccessful proposal put to referendum in the 1988 Australian referendum on 3 September 1988. It proposed to alter the Australian constitution so that both the House of Representatives and the Senate would be elected for a term of four years. This involved reducing the terms of the Senate from six years to four years, and increasing the terms of the House of Representatives from three years to four years. It also proposed for the fourth time that Senate and House elections occur simultaneously.
