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Australia's Constitution Worksheet

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Australia's Constitution Worksheet

Read the information in this worksheet, then solve the questions. Use evidence from the case study and explain your reasoning in complete sentences where asked.

A rulebook for the nation

The Australian Constitution is the highest legal framework for the Commonwealth of Australia. It came into effect on New Year's Day of the first year of the twentieth century, when the colonies federated to form the Commonwealth. It establishes the Commonwealth Parliament, executive government and federal courts, and sets out how powers are divided between the Commonwealth and the states. The Constitution can be changed only through a referendum that meets the requirements in section 128.

1.On what date did the Australian Constitution come into effect?

1 January 1900
1 January 1901
1 January 1902
1 January 1910

2.Match each constitutional term to its meaning. Write the correct letter beside each term.

Federalism
Section 51
Referendum
High Court

D. Australia's highest court, which can decide constitutional disputes
A. A proposed constitutional change put to voters
B. Division of governing power between the Commonwealth and the states
C. The section listing many subjects on which the Commonwealth Parliament may make laws

3.Parliament makes laws, the executive puts laws into action, and courts interpret and apply laws. Which option names these three branches in that order?

Judicial, executive, legislative
Legislative, executive, judicial
Executive, judicial, legislative
Legislative, judicial, executive

Case file: Koowarta v Bjelke-Petersen

In 1976, Aboriginal man John Koowarta and the Winychanam people sought to buy land in Queensland for their community. Queensland's government refused the required approval. Koowarta challenged the decision under the Commonwealth's Racial Discrimination Act 1975. Queensland argued that the Commonwealth Parliament did not have constitutional power to pass that law. In 1982, the High Court held that the Commonwealth could rely on the Constitution's external affairs power, section 51(xxix), because Australia had agreed to the International Convention on the Elimination of All Forms of Racial Discrimination. The case did not mean that every treaty automatically becomes Australian law: Parliament still needs to pass legislation, and that law must be supported by a constitutional power. Under section 109, a Commonwealth law prevails over an inconsistent state law to the extent of the inconsistency.

4.Which constitutional power did the High Court find could support the Commonwealth's Racial Discrimination Act in Koowarta?

Section 51(i), the trade and commerce power
Section 51(xxix), the external affairs power
Section 51(xxvi), the race power
Section 109, the inconsistency rule

5.Explain how Koowarta shows federalism in action. Refer to the disagreement between the Commonwealth and Queensland.

6.True or false? Koowarta means that signing an international treaty automatically makes the treaty part of Australian domestic law. Explain your answer.

7.A Commonwealth law and a state law cannot both operate consistently on the same matter. Under section 109, which law prevails to the extent of the inconsistency?

8.Why is the High Court important in a disagreement about whether a Commonwealth law is supported by the Constitution?

Changing the Constitution

Section 128 sets out the referendum process for changing the Constitution. A proposed change must be passed by both houses of the Commonwealth Parliament, or in certain circumstances by one house twice. Voters then decide at a referendum. For the proposal to pass, it needs a national majority of voters and a majority of voters in a majority of states. This is often called a double majority.

9.What two kinds of majority must a referendum proposal achieve to change the Constitution?

10.A referendum proposal wins 53% of the national vote, but receives a majority in only three of the six states. Has it passed? Explain using the double-majority rule.

11.Why can the double-majority requirement make changing the Constitution difficult? Give one reason, then state one possible benefit of requiring broad support.