| Constitution of the Commonwealth of Australia | |
|---|---|
 Original 1900 copy of the Constitution | |
| Overview | |
| Jurisdiction | Australia |
| Date effective | 1 January 1901 |
| System | Federal parliamentary constitutional monarchy |
| Government structure | |
| Branches | |
| Chambers | |
| Executive |
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| Judiciary | High Court of Australia and other federal courts |
| History | |
| Amendments | 8 — See Referendums in Australia |
| Last amended | 1977 Australian referendum |
| Citation | Commonwealth of Australia Constitution Act (Imp) 63 & 64 Vict, c 12, s 9 ('Constitution of the Commonwealth of Australia') |
| Location | Parliament House public gallery[1] |
| Author(s) | Constitutional Conventions, 1891 and 1897–98 |
| Supersedes | Federal Council of Australasia Act 1885 (Imp) |
| Full text | |
 Commonwealth of Australia Constitution Act at Wikisource | |
| This article is part of a series on the |
| Politics of Australia |
|---|
 |
| Constitution |
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|
 Australia portal |
| Act of Parliament | |
 | |
| Long title | An Act to constitute the Commonwealth of Australia |
|---|---|
| Citation | 63 & 64 Vict, c 12 |
| Introduced by | Joseph Chamberlain (Commons) William Palmer, 2nd Earl of Selborne (Lords) |
| Dates | |
| Royal assent | 9 July 1900 |
| Other legislation | |
| Repeals/revokes | Federal Council of Australasia Act 1885 (Imp) |
| Amended by |
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| Relates to | |
Status: Amended | |
| Records of Parliamentary debate relating to the statute from Hansard | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Constitution of Australia (also known as the Commonwealth Constitution) 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.
The Constitution was drafted between 1891 and 1898 at a series of conventions conducted by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania.[a] This final draft was then approved by each state in a series of referendums from 1898 to 1900. The agreed constitution was transmitted to London where, after some minor modifications, it was enacted as section 9 of the Commonwealth of Australia Constitution Act 1900, an act of the Parliament of the United Kingdom. It came into effect on 1 January 1901 at which point the six colonies became states within the new Commonwealth of Australia.
The Constitution is the primary, but not exclusive, source of Australian constitutional law, alongside constitutional conventions, state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, prerogative instruments and judicial interpretations of these laws by the High Court of Australia.
The document may only be amended by referendum, through the procedure set out in section 128. This requires a double majority: a nationwide majority as well as a majority of voters in a majority of states. Only eight of the 45 proposed amendments put to a referendum have passed.[3] Proposals to amend the document to recognise Indigenous Australians and to become a republic are the subject of significant contemporary debate. The most recent referendum occurred on 14 October 2023, in which a proposed amendment to establish an Indigenous Voice to Parliament was rejected.[4]
- ^ "Constitution Act 1900". Parliament of Australia. Retrieved 19 July 2024.
- ^ "The Federation of Australia". Parliamentary Education Office. 12 July 2023. Retrieved 4 December 2023.
- ^ "Referendum dates and results". Australian Electoral Commission. 7 November 2023. Retrieved 2 December 2023.
- ^ Worthington, Brett (14 October 2023). "Australians reject Indigenous recognition via Voice to Parliament, referendum set for defeat". ABC News.
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