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Concept
Constitution of Australia
Summary
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the executive, legislature, and judiciary.
The constitution was drafted between 1891 and 1898 through a series of conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the Commonwealth of Australia Constitution Act 1900, an act of the Parliament of the United Kingdom. The act was given royal assent on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901. The constitution gave the six colonies the status of states within the new federation.
Australian constitutional law has developed through the interpretation of the constitution by the High Court. As well as its textual provisions, the constitution is understood to incorporate various unwritten constitutional conventions and ideas derived from the Westminster system, one of which is responsible government. Although the 1900 act initially derived its legal authority from the UK Parliament, the present understanding of the High Court and some academics is that it now derives its legal authority from the Australian people. Other documents of constitutional significance to Australia include the Statute of Westminster and the Australia Act 1986.
The document may only be amended by referendum, through the procedure set out in section 128. Amendments require a "double majority" – a nationwide majority as well as a majority of voters in a majority of states. This has contributed to the low number of successful amendments; forty-four referendums have been held but only eight amendments have been passed, most recently in 1977.
Official source
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