AUSTRALIAN CONSTITUTIONAL LAW

Australian Constitutional Law



Australian Constitutional Law

Introduction

The Australian Constitution is the set of laws under which the federal government of Australia can govern the country. It consists of several documents as most important is the Constitution of the Commonwealth of Australia. The Constitution was approved after several years of hard work as the natives of the colonies struggled for the constitution. However, the fact needs to be kept in sight that the Constitution came into force on 1 January 1901. Although the Constitution had initially given the force of law by an Act of Parliament of the United Kingdom, Australia is now an independent country. The United Kingdom and the Parliament of Australia do not have the power to change the Constitution, only the Australian people can amend it by referendum. The Letters Patent issued by the Crown on the advice of Australian ministers, are also part of the Constitution. Other pieces of legislation have constitutional significance for Australia. These are the Statute of Westminster, adopted in the Statute of Westminster Adoption Act 1942 and the Australia Act 1986 which were passed in the same manner by the parliaments of each state in Australia, UK and Australian Federal Parliament. Together, these laws have the effect of severing all constitutional links between Australia and the UK (Mirko 2011, pp.12).

Even if the same person, Queen Elizabeth II is head of state of both countries, it acts in its capacity as the head of each state. Under the Australian system of law only, the High Court of Australia and the Australian Federal Court has the authority to interpret constitutional provisions. Their decisions determine the interpretation and application of the constitution. Moreover, following the tradition of common law in Australia, the interpretation of application of the Constitution is developed largely by the decisions of the High Court of Australia. In a number of important cases, the High Court has developed arguments clarifying the interpretation of the Australian Constitution. Three separate chapters of the constitution dealing with the three branches of the Australian political system which implies a separation of powers. Thus, the legislator cannot claim direct result, change the direction or outcome of legal proceedings. The powers of government are divided between the Federation and the States, certain decisions pertaining exclusively to the Federation, other states only, the rest being the responsibility of both.

The federal government cannot enact tax laws discriminate between States or parts of States or enact laws that discriminate against States or likely to hamper the existence and operation of a state. The vast majority of cases of constitutional law covered by the High Court within the precision, whether the new legislation adopted by the federal government within its jurisdiction under the Constitution. However, in the context of the paper we intend to shed light on the Criminal Organization Act of 2009. It would be looked upon under the spirit of the Australian Constitutional law. It tends to include various aspects of the Australian Constitutional law in order to develop an ...