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Key Features of the Constitution

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Key Features of the Constitution

You are advising a parliamentary committee reviewing how Australia’s Constitution shapes decisions today. Read the briefing and evidence, then complete the tasks. Support your judgements with details from the material.

Briefing: the constitutional framework

The Australian Constitution is the supreme legal framework for the Commonwealth of Australia. It came into effect at Federation in 1901. It establishes the Commonwealth Parliament, Executive Government and federal courts, and sets out how powers are distributed. It does not list every law or guarantee a complete catalogue of individual rights. Australia is a federation: the Commonwealth and the states each have areas of authority. The Constitution gives the Commonwealth specific legislative powers, including defence, taxation, trade and commerce, and external affairs. State parliaments retain broad law-making authority in areas not transferred to the Commonwealth. Some subjects, such as education and health, involve both levels. Under section 109, when a valid Commonwealth law is inconsistent with a state law, the Commonwealth law prevails to the extent of the inconsistency. The Constitution also reflects separation of powers. Parliament makes laws, the Executive (including ministers and government departments) administers them, and courts interpret and apply them in cases. The High Court is the final court of appeal and can decide disputes about the meaning and operation of the Constitution. Changing the Constitution is deliberately difficult. Under section 128, a proposed amendment must pass both houses of the Commonwealth Parliament (or meet a limited deadlock procedure), then win a national referendum: a majority of voters across Australia and a majority of voters in at least four of the six states. This is called a double majority.

Evidence file: Koowarta v Bjelke-Petersen

In 1976, the Queensland Government refused to approve the purchase of a pastoral lease by the Aboriginal Land Fund Commission for the Wik people. John Koowarta, a Wik man, challenged the decision under the Commonwealth Racial Discrimination Act 1975. Queensland argued that the Commonwealth lacked constitutional authority to pass that law. In 1982, the High Court held that the Act was supported by the Commonwealth’s external affairs power in section 51(xxix), because it implemented Australia’s obligations under an international treaty, the International Convention on the Elimination of All Forms of Racial Discrimination. The ruling did not itself decide every aspect of the land dispute; it addressed the constitutional validity of the relevant Commonwealth law. The case illustrates how constitutional interpretation can affect the balance of power between governments and the operation of laws protecting people from discrimination.

Committee tasks

Use the briefing and evidence file. Explain your reasoning where asked; concise unsupported answers may not earn full credit.

1.Which statement best describes the Constitution’s primary purpose?

It provides the framework for government and distributes constitutional powers.
It contains every law that applies in Australia.
It gives the Commonwealth exclusive control of every policy area.
It is a complete list of individual rights and freedoms.

2.In your own words, explain federalism in Australia. Include the two levels of government involved and one policy area in which both may have a role.

3.Match each constitutional branch or institution to its main role.

Legislature (Parliament)
Executive
Judiciary (courts)
High Court

Interprets and applies laws in cases
Makes laws
Can determine disputes about the Constitution’s meaning and operation
Administers and implements laws

4.A valid Commonwealth law and a state law cannot operate consistently on the same issue. Which constitutional provision determines which law prevails, and what is its effect?

5.According to the evidence file, which Commonwealth constitutional power supported the Racial Discrimination Act 1975 in Koowarta v Bjelke-Petersen? Give the section number and explain the connection to the case.

6.True or false? Koowarta v Bjelke-Petersen decided every aspect of the Wik people’s land dispute. Correct the statement if it is false.

TrueFalse

7.A referendum proposal receives 52% of the national vote and a majority vote in three of the six states. Does it pass? Explain which part of the double majority test is or is not met.

8.The Constitution does not contain a complete catalogue of individual rights. Give one reason why constitutional protections and limits on government power can still matter for people’s rights.

9.Consider this claim: “A difficult referendum process protects the Constitution from frequent change, but can also make reform challenging.” Use section 128 and the double majority to explain one benefit and one possible limitation of this process.

10.In one or two sentences, explain how Koowarta v Bjelke-Petersen demonstrates the High Court’s role in Australia’s federal system.