Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian constitutional law have developed.
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt government, related to Indigenous Australians. Voters were asked whether to give the Commonwealth Parliament the power to make special laws for Indigenous Australians in states, and whether Indigenous Australians should be included in official population counts for constitutional purposes. The term "the Aboriginal Race" was used in the question.
In Australia, referendums are public votes held on important issues where the electorate may approve or reject a certain proposal. In contemporary usage, polls conducted on non-constitutional issues are known as plebiscites, with the term referendum being reserved solely for votes on constitutional changes, which is legally required to make a change to the Constitution of Australia.
The Constitution Alteration Bill 1947, was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth power to make laws with respect to rents and prices. It was put to voters for approval in an Australian referendum held on 29 May 1948.
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 referendum of 13 April 1910 approved an amendment to the Australian constitution. The referendum was for practical purposes a vote on the Constitution Alteration Bill 1909, which after being approved in the referendum received the Royal Assent on 6 August 1910.
The Constitution Alteration (Finance) Bill 1909, was an unsuccessful Australian referendum which sought to alter the Australian Constitution to amend section 87 which was due to lapse in 1910. It was to add to the Constitution a financial agreement reached between the States and the Commonwealth to replace the section.
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 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 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 1926, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to corporations, and to give it the power to make laws with respect to trusts and combinations in restraint of trade, trade unions and employer associations. It was put to voters for approval in a referendum held on 4 September 1926.
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 1974, was an unsuccessful proposal to alter the Australian Constitution to make it easier to amend the constitution and give voters in the Australian territories the right to vote in referendums. It was put to voters for approval in a referendum held on 18 May 1974.
The Constitution Alteration Bill 1974 was an unsuccessful proposal to alter the Australian Constitution to allow the Commonwealth to grant financial assistance to local government bodies, and to borrow money on their behalf. It was put to voters for approval in a referendum held on 18 May 1974.
Federalism was adopted, as a constitutional principle, in Australia on 1 January 1901 – the date upon which the six self-governing Australian Colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia federated, formally constituting the Commonwealth of Australia. It remains a federation of those six original States under the Constitution of Australia.
The Loan Council is an Australian Commonwealth-state ministerial council that coordinates public sector borrowing, comprising the Commonwealth of Australia and the states and self-governing territories, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania the Australian Capital Territory, and the Northern Territory. The Loan Council now operates under the Financial Agreement between the Commonwealth, States and Territories of 25 February 1994, which is incorporated as a schedule to the Financial Agreement Act 1994, which came into effect on 1 July 1995. The 1994 arrangements made significant changes to the previous arrangements, the main changes being:
The Constitution of Australia is the fundamental law that governs the political structure of Australia. It is a written constitution, that establishes the country as a federation under a constitutional monarchy governed with a parliamentary system. Its eight chapters sets down the structure and powers of the three constituent parts of the federal level of government: the Parliament, the executive government and the judicature.
Chapter IV of the Constitution of Australia pertains to trade, the appropriation of funds for the Commonwealth, state debts, and funds for the states given to them by the Commonwealth. Much of it no longer applies.
The Constitution Alteration Bill 1988, was an unsuccessful proposal to alter the Australian Constitution to recognise local government. It was put to voters for approval in a referendum held on 3 September 1988. The structure of the Constitution recognises government at federal and state levels, but makes no mention of local government.
