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One of the six founding states of Australia, Queensland has been a federated state subject to the Australian Constitution since 1 January 1901. It is a parliamentary constitutional monarchy. The constitution of Queensland sets out the operation of the state's government. The state's constitution contains several entrenched provisions which cannot be changed in the absence of a referendum. There is also a statutory bill of rights, the Queensland Human Rights Act 2019. Queensland's system of government is influenced by the Westminster system and Australia's federal system of government.
The powers of the state can be classified into three types:
- Legislature: the unicameral Parliament of Queensland, comprising the Legislative Assembly and the Monarch (represented by the Governor);
- Executive: the Executive Council of Queensland, which formalises decisions of the Cabinet of Queensland, which is composed of the Premier and other ministers of state appointed by the Governor on the advice of Parliament;
- Judiciary: the Supreme Court and other state courts, whose judges are appointed by the Governor on advice of Parliament.
However, unlike the Commonwealth level of government or the United States, there is no legally enforceable separation of powers.[1] The only restriction is that state parliaments may not abolish or impermissably interfere with the institutional integrity of supreme (or other) courts under the Kable doctrine.[2]
- ^ Lee, HP (2006). "The Kable Case: A Guard-Dog that Barked But Once?". In Winterton, George (ed.). State Constitutional Landmarks. Annandale, NSW: Federation Press. ISBN 978-1-86287-607-1.
- ^ Roos, Oscar I (2023). "The Kable Doctrine" (PDF). UNSW Law Journal. 46 (3).