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The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown.
The Parliament of Australia is the legislative branch of the government of Australia. It consists of three elements: the monarch, the Senate and the House of Representatives. The combination of two elected chambers, in which the members of the Senate represent the states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a fused executive, drawn from the Westminster system.
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.
The Australian referendum of 12 December 1906 approved an amendment to the Australian constitution related to the terms of office of federal senators. Technically it was a vote on the Constitution Alteration Bill 1906, which after being approved in the referendum received the royal assent on 3 April 1907. The amendment moved the date of the beginning of the term of members of the Senate from 1 January to 1 July so that elections to the federal House of Representatives and the Senate could occur simultaneously.
The Constitution Alteration Bill 1928, was approved by referendum on 17 November 1928. The amendment to the Australian constitution concerned financial relations between the Commonwealth of Australia and the Australian states. It became law on 13 February 1929.
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.
Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal and state laws, and declares that valid federal laws override inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the paramountcy doctrine in Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others.
The Inter-State Commission, or Interstate Commission, is a defunct constitutional body under Australian law. The envisaged chief functions of the Inter-State Commission were to administer and adjudicate matters relating to interstate trade. The Commission was established in 1912, became dormant in 1920, was abolished in 1950, re-established in 1983, and absorbed into the Industry Commission in 1989.
In Australian constitutional law, Chapter III Courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in Chapter III of the Australian Constitution.
Section 51(vi) of the Australian Constitution, commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to the defence of Australia and the control of the defence forces. The High Court has adopted a different approach to the interpretation of the defence power, which emphasises the purpose of the legislation, primarily the defence of Australia, rather than the subject matter.
Section 41 of the Australian Constitution is a provision of the Constitution of Australia which states
Right of electors of States No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.
Chapter II of the Constitution of Australia establishes the executive branch of the Government of Australia. It provides for the exercise of executive power by the Governor-General advised by a Federal Executive Council.
Section 25 of the Constitution of Australia is a provision of the Constitution of Australia headed "Provision as to races disqualified from voting" and providing that "For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted."
Section 24 of the Constitution of Australia is titled "Constitution of House of Representatives". It provides that the House of Representatives be "directly chosen by the people of the Commonwealth" and have twice as many seats as the Senate. It also provides a formula for the number of seats in each state, subject to later amendment by the parliament, and guarantees at least five members for each original state.
Section 125 of the Constitution of Australia deals with matters relating to the seat of the Commonwealth government. It specifies that it will be in its own territory that is under direct Commonwealth control, that will be at least 100 miles (160 km) from Sydney and will have an area of no less than 100 square miles (260 km2). It also specifies the temporary seat of government to be Melbourne, which was to be used until the permanent seat of government was built.
The Constitution Alteration 1988, 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.
The Constitution Alteration Bill 1988, was an unsuccessful proposal to alter the Australian Constitution to enshrine the principle that each elector's vote should have equal value in Australia, also referred to as one vote, one value, including in states and territories. It was put to voters for approval in a referendum held on 3 September 1988.
The next Australian federal election will be held some time in or before 2025 to elect members of the 48th Parliament of Australia. All 151 seats in the House of Representatives and likely 40 of the 76 seats in the Senate will be contested. It is expected that at this election, the Labor government of Prime Minister Anthony Albanese will be seeking re-election to a second term in office, opposed by the Liberal/National Coalition under Leader of the Opposition Peter Dutton.
References
- ↑ Keyzer, Patrick (2005). Constitutional Law (Second ed.). Butterworths. pp. 8–9. ISBN 978-0-409-31861-6.
