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.
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Sir John Robert Kerr (24 September 1914 – 24 March 1991) was an Australian barrister and judge who served as the 18th governor-general of Australia, in office from 1974 to 1977. He is primarily known for his involvement in the 1975 constitutional crisis, which culminated in his decision to dismiss the incumbent prime minister Gough Whitlam and appoint Malcolm Fraser as his replacement, unprecedented actions in Australian federal politics. Kerr was born in Sydney to working-class parents.
A Dominion was any of several self-governing nations of the British Empire. With the evolution of the British Empire into the Commonwealth of Nations, the dominions became independent states. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926, recognising Great Britain and the Dominions as "autonomous within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations".
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.