The Australian Constitution is the supreme law in which the Commonwealth of Australia government operates, including its relationship with the State of Australia. It consists of several documents. The most important is the Australian Commonwealth Constitution , which is referred to as the "Constitution" in the rest of this article. The Constitution was approved in a series of referendums held in 1898-1900 by the people of the Australian colonies, and the approved draft was enacted as part of the Australian Commonwealth Act 1900 (Imp), the Royal Law of the Parliament of England.
The Commonwealth Act of 1900 (Imp) became law on 9 July 1900, and came into force on 1 January 1901. Although the Constitution was initially granted a force of law by the Parliament Act of the United Kingdom, the 1986 Australian Act abolished the power of the British parliament to amend the Constitution as applicable in Australia, and the present Constitution may only be amended in accordance with the procedure of referendum specified in Section 128.
Other parts of the legislation have a constitutional meaning for Australia. This is the Statute of Westminster, as adopted by the Commonwealth in the Statute of the Westminster Adoption Act of 1942, and the Australian Act 1986, ratified in equivalent form by the British Parliament and the Australian Federal Parliament (using the legislative powers granted by allowing measures adopted by Parliament from each country of Australia). The Westminster Adoption Act statute is often regarded as the point at which Australia became, de jure, an independent nation, while the Australian Act severed the remaining constitutional ties between Australia and Britain. Although the same person, Queen Elizabeth II, is the king of both countries, she acts in different capacities as their respective kings.
Under the Australian common law system, the High Court of Australia and the Federal Court of Australia have the authority to interpret constitutional provisions. Their decisions determine the interpretation and application of the constitution.
Video Constitution of Australia
Histori
The history of the Australian Constitution began with a move towards a federation in the 19th century, culminating in a federation of Australian colonies to form the Commonwealth of Australia in 1901. However, the Constitution continued to develop since then, with two laws having a very significant impact on the nation's constitutional status.
Federation
By the mid-19th century, the desire to facilitate cooperation in matters of mutual interest, particularly intercolonial tariffs, led to a proposal to unite a separate British colony in Australia under a single federation. However, most encouragement comes from the UK and there is only lackluster local support. Smaller colonies fear dominance by larger ones; Victoria and New South Wales disagree over the ideology of protectionism; The recent American Civil War also hampered the case of federalism. These difficulties led to the failure of several attempts to produce federations in the 1850s and 1860s.
In the 1880s, the fear of the German and French presence in the Pacific, coupled with the growing identity of Australia, created an opportunity to establish the first inter-colonial body, the Federal Council of Australasia, established in 1889. The Federal Council may regulate the law on subjects particular, but does not have a permanent secretariat, an executive income source, or an independent. The absence of New South Wales, the largest colony, also diminishes its representative value.
Henry Parkes, Premier of New South Wales, was instrumental in encouraging a series of conferences in 1890 to discuss federalism - one in Melbourne in 1890, and another (the Australasian National Convention) in Sydney in 1891, attended by colonial leaders. At the 1891 conference, significant momentum had been built for federalist reasons, and the discussion shifted to an appropriate governmental system for the federal state. Under Sir Samuel Griffith's guidance, the draft constitution was drafted. However, these meetings lacked popular support. Furthermore, the draft constitution put aside some important issues, such as tariff policy. The design of 1891 was submitted to the colonial parliament but ended in New South Wales, after which the other colonies did not want to continue.
In 1895, six prime ministers of the Australian colonies agreed to form a new Convention by popular vote. The Convention met for a year from 1897 to 1898. The meeting resulted in a new draft that substantially contained the same principles of government as the 1891 draft, but with additional provisions for the government responsible. To ensure popular support, the draft was awarded to voters from each colony. After a failed attempt, a revised draft was handed over to voters from each colony except Western Australia. After ratification by five colonies, the bill was submitted to the Royal Parliament of England with a Address requesting Queen Victoria to enact the bill.
Before the bill was passed, however, one last change was made by the imperial government, after being lobbied by the Chief Judge of the colony, so the right to appeal from the High Court to the Advisory Council on constitutional matters concerning the limits of the Commonwealth or State power can not be restricted by parliament. Finally, the Commonwealth Act of Australia was passed by the British Parliament in 1900. Western Australia finally agreed to join the Commonwealth in time to become a member of the Commonwealth of Australia, which was officially established on 1 January 1901.
In 1988, the original copy of the Australian Commonwealth Act 1900 from the Public Records Office in London was loaned to Australia for the purpose of Australian Bicentenary. The Australian Government requested permission to keep a copy of it, the British parliament agreed to submit the Australian Constitution (Record of Public Records) Act 1990 and a copy of it to the Australian National Archives.
Statute of Westminster and Australia Story
Although the Federation is often regarded as Australia's "independence" moment from Britain, the Commonwealth law is a creation of the British Parliament, through the Commonwealth of Australia Constitution Act 1900 (Imp), applied to Australia by its most important force. Consequently, since Australia is legally still a colony, there is still continuing uncertainty over the application of Imperial Imperial law to the Commonwealth. This was broken by the Statute of Westminster 1931, adopted by the Commonwealth through the Statute of Westminster Adoption Act 1942. The Statute of Westminster liberates the Dominion, including the Commonwealth, from Imperial restrictions. Legally, this is often regarded as Australia's national independence moment.
However, due to the special exception in the Statute of Westminster, Imperial law continues to be paramount in the Australian state. This was amended by the 1986 Australian Law, which was substantially enacted in the same form by the Commonwealth parliament and the British parliament, at the request of each state. In addition to ending the British Parliament's power to draft laws on Australian states, Australia's law also cuts the last resort of an appeal from an Australian court to the Advisory Panel's Judiciary Committee. As a symbol of the importance of this legislation, Queen Elizabeth II went to Australia to personally sign the proclamation of the law.
For the Constitution, the effect of these two laws is that the current Constitution in Australia is now separate from the text in the original law. While the British Parliament may amend or revoke the Imperial Law, it will not affect Australia. Conversely, the applicable Constitution in Australia can only be changed following the referendum mechanism established in the Constitution. In contrast, any amendment to the Constitution in Australia after the referendum mechanism shall not affect the text of the Imperial Act as applicable in the United Kingdom.
Maps Constitution of Australia
Chapter
The Commonwealth of Australia Constitution Act 1900 (Imp) contains the Preamble, and nine sections. Sections 1 - 8 include clauses that describe the legal procedures for the establishment of the Commonwealth. Section 9, beginning with the words "Commonwealth Constitution is as follows...", contains the Commonwealth of Australia Constitutions. The Constitution itself is divided into eight chapters, containing 128 sections. Legislative, executive, and judicial powers are separately expressed in the Constitution, respectively in Chapters I, II and III.
Chapter I: Parliament
Chapter I establishes a legislative branch of the government, the Australian Parliament, which consists of three constituent sections: the Sovereign (King or Queen), represented by the Governor-General of Australia; Senate; and the House of Representatives. Section 1 states that legislative powers are held by this Parliament, which has the highest power of government.
Part II of this chapter deals with the Senate. The senator should be "elected directly by the people of the State", voting as single voters. Each Origin Country has the same number of senators. Currently, there are 12 senators for each State, and 2 each for the Territory, Northern Territory and Australian Capital Territory.
Part III deals with the House of Representatives. As closely as possible, Section 24 requires the Council to consist of twice as many members as the Senate, each chosen by a single voter. This is the so-called 'Nexus', designed to prevent the swelling of senate power in the case of sitting together (see Section 57 below). The number of voters in a State shall be (approximately) proportionate to its share of the national population.
Part IV ("Second House of Parliament") relates to eligibility to vote and elections to parliament, parliamentary allowance, parliamentary rules and related matters.
Part V discusses the power of parliament. Section 51 discusses the powers of the Commonwealth parliament and is called a "special power". It contains "concurrent power", in the sense that both the Commonwealth and the State can govern on this subject, even though federal law applies in cases of inconsistency (Section 109). Of the thirty-nine elements of section 51, some have become critical in determining the scope of the Commonwealth government's actions, including Trade and Commerce of Power, Corporate Power and External Affairs. Section 52 discusses powers specifically granted to the Commonwealth parliament. The state can not govern the law on this subject.
Chapter II: Government Executive
Chapter II established an executive branch of government. The executive power is exercised by the Governor-General, advised by the Federal Executive Board. Under this Chapter, the Governor-General is the commander-in-chief, and may appoint and dismiss members of the Executive Board, state ministers, and all executive government officials. These forces, together with the power to dissolve (or refuse to dissolve) the parliament (Section 5, Chapter 57), are called "reserve forces", and their use is determined by convention. Generally, the Governor-General only acts on the advice of the Prime Minister. One important example of the Governor-General acting outside of the Prime Minister's advice that day, when Governor-General Sir John Kerr, acting on his own authority, dismissed Prime Minister Gough Whitlam in Australia's constitutional crisis of 1975.
The reserve power in all Westminster countries is very very seldom implemented outside the conceived conventions. However, unlike other Commonwealth constitutions such as Canada which formally provide extensive reserve power to the Monarch, even the Queen's formal power of Australia is very limited, and most of the power can only be exercised by the Governor. -General.
Section 68 states that the command of Australian naval and military forces is held by the Governor-General as the representative of the Queen. This role, however, is only formal (such as commissioning officers) and ceremonial; The actual control of the armed forces is in the hands of the government.
Chapter III: The Judicature
Chapter III establishes a government judicial branch; its provision creates federal courts and determines how it works. Section 71 incites judicial powers in the "Federal Supreme Court" to be called the High Court of Australia, and other federal courts such as Parliament created, and in other courts such as Parliament investing in federal jurisdiction. Such a tribunal is called "Chapter III of the Court" and is the only court capable of exercising federal justice. Sections 73 and 75-78 outline the jurisdiction of appeals and appeals to the Court of Appeal. Section 74 provides for the circumstances under which an appeal may be presented to the Queen in the Council. Section 79 allows Parliament to determine the number of judges who may exercise federal jurisdiction and section 80 guarantees the court by a jury for an alleged offense against the Commonwealth.
Chapter IV: Finance and Commerce
Chapter IV deals with finance and trade in the federal system. Section 81 provides that all Commonwealth revenue shall constitute a Consolidated Revenue Fund. Parliament can make laws on the allocation of money (Section 53). Unlike most other parliamentary powers, legislation created under the power of allocation is usually not vulnerable to effective legal challenges. Section 90 provides the exclusive power of the Commonwealth on customs and customs duties.
Section 92 states that "trade, commerce, and relationships among States shall be absolutely free ". The exact meaning of this phrase is the subject of a great number of laws. Some of the most recent case laws have stressed that Section 92 is preoccupied with the legal effect on interstate commerce, not on the legal effect on individual traders.
Section 96 gives the Commonwealth forces the right to grant to the State "on such terms and conditions as Parliament considers appropriate". This power has been withheld not to be limited by other provisions, such as Section 99 which prohibits giving preference to a State or its share of any other State or part thereof. It is only subject to Section 116, freedom of religion, and perhaps other such freedoms. This power, though clearly envisioned as a temporary measure ("over a period of ten years... and thereafter until Parliament gives"), has been used by the Commonwealth to encourage cooperation by the United States to various levels of the year.
Section 101 establishes the Inter-State Commission, a body which is now non-functioning, but which was originally conceived has an important role in the federal structure.
Chapter V: State
Chapter V contains provisions relating to America and its role under the federal system. Sections 106-108 defend the Constitution, the powers of Parliament, and the laws of each State.
Section 109 states that, if State law is inconsistent with federal law, federal law applies (insofar as inconsistency).
Section 111 states that the State may assign any part of the State to the Commonwealth. This has happened on several occasions, particularly the submission by South Australia to the Commonwealth of Northern Territory.
Article 114 prohibits any State to increase military power, and also prohibits States or Commonwealth to burden each other's property.
Section 116 defines what is often called "religious freedom", by prohibiting the Commonwealth from making laws for religious establishments, imposing religious obedience, or prohibiting the practice of religion, or religious discrimination for public office.
Chapter VI: New Country
Chapter VI allows the creation or acceptance of a new state. Section 122 allows Parliament to provide representation in Parliament from any territory assigned by the United States, or placed by the Queen in the Commonwealth authority. Section 123 requires that changing the boundaries of a State requires the approval of Parliament of that State and the consent of a referendum in that State.
No new countries have been accepted in the Commonwealth since the federation.
Chapter VII: Miscellaneous
Chapter VII contains three very different provisions. Section 125 states that the Commonwealth government center will be in Melbourne for a while, but eventually in the Commonwealth region, to be made in New South Wales but not less than a hundred miles (160 km) from Sydney. Thus, the state capital is not a rival to the capital of the State of Sydney and Melbourne, but within the federal territory. In 1911, New South Wales handed over to the Commonwealth what is now the Australian Capital Territory and Canberra, built within it, declared the national capital in 1913. Section 126 permits the Governor-General to appoint representatives. Section 127 states that "indigenous peoples" are not included in Commonwealth, State or other populations. This excludes the indigenous population from affecting the distribution between the seat states in the House of Representatives (section 24). Section 127 was removed by referendum in 1967.
Chapter VIII: Constitution Changes
Chapter VIII establishes a procedure for amending the Constitution. Section 128 states that a constitutional amendment must be approved by a referendum. Amendments require:
- the approval of the referendum bill, which contains proposed amendments, by an absolute majority in every home of the federal parliament; then
- the approval of the Bill in a referendum, by a majority of the electorate in each of the majority of States (ie, at least four of the six States), as well as the national majority (ie, comprising voters in both States and Territories); the franchise in the referendum is the same as in the elections to the House.
The Governor-General should submit the bill to a referendum between two and six months after being passed by parliament. If the bill is approved in a referendum, it receives the Royal Approval and becomes law, so the words in the Constitution change.
The exception to this process is if the bill is approved by only one house of parliament - another house rejects it, fails to pass or passes it with an amendment not approved by the first house. (Normally, the bill will be introduced to the House of Representatives, the problem is a dispute by the Senate.) Then, after three months, the first house can pass the bill again. If the other house still disagrees with the bill, then the Governor-General may enter the bill into a referendum in the form in which it is authorized by the first house, with amendments that may be approved by the two houses.
Section 128 also states that an amendment which would reduce the representation of the State in one of its houses, or its minimum representation in the House of Representatives, or which would change the boundaries of a State or make similar changes to the State, may be presented. for Royal Assent only if it has been approved in that State.
The mechanism for conducting a referendum is provided by federal law: Referendum (Terms of Machinery) Act 1984 (Cth). As with elections, voting is mandatory.
Schedule
His schedule sets the words of oath and affirmation of allegiance. The Governor-General and members of parliament are required to commit their loyalty, by oath or affirmation as determined by the Constitution. In addition, when taking office, the Governor-General is required to take an oath of office, at this time:
I, (the name), swear that I will be well and truly serve His Majesty the Second Queen Elizabeth, His heir and successor under the law, at the office of the Commonwealth of the Commonwealth of Australia, and I will do what is right for all manner of people after law and use Commonwealth of Australia, without fear or favors, compassion or malice. So help me God!
The oath or affirmation of positions made by the prime minister, minister and parliamentary secretary upon entering the office are words not specified in the Constitution but determined by the prime minister of the day, and given to them by the Governor-General. Although there is no legal requirement for this, this has been the practice of the inauguration of the Commonwealth in 1901.
Amendments
As mentioned above, the amendments to the Constitution require a referendum in which the proposed amendment is approved by a majority in each majority of the State, as well as nationally.
Forty-four proposals to amend the Constitution have been selected in the referendum, eight of which have been approved. The following is a list of approved amendments.
- 1906 - Senate Election - change Section 13 to slightly change the length and date of the Senator's tenure.
- 1910 - State Debt - amended 105 to extend the Commonwealth forces to take over existing state debt for debts incurred by the state at any time .
- 1928 - State Debt - inserts Section 105A to ensure the constitutional validity of the Financial Agreement reached between the Commonwealth and State Governments in 1927.
- 1946 - Social Services - insert Section 51 (xxiiiA) to extend the Commonwealth government's power over various social services.
- 1967 - Aborigines - change Section 51 (xxvi) to extend the power of the Commonwealth government to make laws for people from race to Aboriginal; repealed Article 127 stating that "In counting the number of persons of the Commonwealth, or the State or other parts of the Commonwealth, the indigenous population shall not be counted."
- 1977
- Senate Permanent Jobs - part of the 1975 constitutional crisis political fall; inaugurated the convention, damaged in 1975, that when casual vacancies appear in the Senate, the country's parliament in question, if elects to fill the void, must choose a replacement from the same party as the Senator who departs if the party still exists./li>
- Referendum - alters Section 128 to allow the inhabitants of the Territory to vote in a referendum, and count against the national total.
- Pension Judge - changed Section 72 to create a 70-year retirement age for judges in federal courts.
Conventions role
Along with the text of the Constitution, the Statute of Westminster and the Australian Acts, and the letters of patents issued by the Crown, the convention is an important aspect of the Constitution, which has evolved over several decades and determines how various constitutional mechanisms operate in practice.
The Convention plays a strong role in Australia's constitutional operations because of its governance and operation as a responsible governmental system in Westminster. Some important conventions include:
- While the constitution does not officially create the office of the Prime Minister of Australia, such an office develops a de facto presence as head of the cabinet. The Prime Minister is seen as the head of government.
- Although there are some constitutional restrictions on the power of the Governor-General, the convention of the Governor-General acts on the advice of the Prime Minister.
However, because conventions are not textually based, their existence and practice are open to debate. Conventional or suspected violations of conventions have often caused political controversy. The most extreme case was the 1975 constitutional crisis of Australia, where convention operations were seriously tested. The next constitutional crisis was resolved dramatically when Governor-General Sir John Kerr dismissed Labor Prime Minister Gough Whitlam, appointing Malcolm Fraser as Prime Minister while awaiting the 1975 general election. A number of conventions are said to have been damaged during this episode. These include:
- of the Convention that, when a Senator from a particular Country vacates his position during the term of office, the relevant State government shall file a replacement from the same political party as the Senator who will depart. This convention was allegedly solved by the first Lewis New South Wales government and later by the Bjelke-Petersen government in Queensland which both filled the Labor employment with independent and Labor members who opposed the Whitlam government.
- Note: The Convention was codified into the Constitution through a national referendum of 1977. The amendment requires the new Senator to come from the same party as the old and will prevent Lewis's appointment, but not by Bjelke -Petersen. However, an amendment stating the person appointed that if "before taking his seat he ceases to be a member of the party... he shall be deemed not elected or appointed so". Bjelke-Petersen's prize recipient Albert Patrick Field was expelled from the Labor Party before taking his seat and therefore was not eligible under the new constitutional amendments.
- of the Convention that, when the Senate is controlled by a party that does not simultaneously control the House of Representatives, the Senate will not vote against the money supply to the government. The convention was allegedly broken by the Senate controlled by the Liberal-State Coalition in 1975.
- Provisions that the Prime Minister can not obtain supplies should request that the Governor-General call the election, or resign. The convention was allegedly broken by Gough Whitlam in response to an unprecedented Senate's refusal.
Interpretation
In line with the common law tradition in Australia, the law on interpretation and application of the Constitution has been widely developed through the assessment by the Australian Court of Appeal in various cases. In a number of seminal cases, the Court of Appeal has developed several doctrines underlying the Australian Constitution's interpretation. Some examples include:
- Separation of powers - The existence of three separate chapters dealing with three branches of government implies a separation of powers, similar in principle to the United States but not unusual for government in the Westminster system. Thus, for example, the legislature can not determine the prescribed legal outcome, or to alter the direction or outcome of the court case.
- Power sharing <- b> - The power of government is shared between the Commonwealth Government and the State Government, with a particular force exclusive to the Commonwealth, others run simultaneously, and the remainder held by the United States..
- Intergovernmental immunity Ã, - Although the Engineer Case states that there is no general immunity between the State and Commonwealth governments of their respective laws, the Commonwealth can not enforce tax laws that discriminate between States or sections of the State (Article 51 (ii)), nor does it enact legislation that discriminates against America, or as such prevents the State from continuing to exist and functioning as a country (Melbourne Corporation v Commonwealth).
Most constitutional cases before the Court of Appeal deal with characterization: whether the new law is included in the head of the permitted power given to the Commonwealth by the Constitution.
Rights protections
- See also Australian constitutional law - Rights protections
The Australian Constitution does not include Bill of Rights. Some delegates to the 1898 Constitutional Convention favored a section similar to the Bill of Rights of the Constitution of the United States, but the majority felt that the traditional rights and freedoms of the English subjects were sufficiently ensured by the independent Parliament and judicial system that the Constitution would make.. Consequently, the Australian Constitution is often criticized for its limited protection of rights and freedoms.
Some express rights are, including:
- The right to be tried by a jury Ã, - Article 80 creates the right to be tried by a jury for an alleged offense against Commonwealth law. However, the Commonwealth is left free to commit any offense, no matter how serious the punishment, can be followed up other than the indictment. As Judge Higgins said in Archdall v. (1928): "if there is an indictment, there must be a jury, but no one imposes a procedure on charges". In subsequent cases, the High Court has split: some judges have sought to find the right, on the grounds that there is no constitutional provision that can be understood in a way that makes it empty; others think that this will inject content, beyond the boundaries of judicial interpretation. The court has been flexible about the meaning of "jury": there will be a "jury", although not all members are men as Framers would understand; but there will be no valid decision by the jury, if there is a majority decision (though it is permitted in some states). However, in practice, there are no major violent abuse issues posed by this uncertainty.
- The right to compensation only Ã, - Section 51 (xxxi) creates the right "only to the conditions" for the "acquisition of property" by the Commonwealth of the state or other person. "Property acquisition", itself, is not restricted, but the Court of Appeal has understood its expression extensively thus granting extensive compensation rights.
- The right to discrimination on a non-state-of-residence basis prohibits disability or discrimination in one country against the inhabitants of another. This is widely interpreted: the restriction would be invalid if it treats citizens outside the country more heavily than if they were living in the country. However, it does not prohibit states from enacting housing requirements in which this is required by the autonomy of the State and its responsibilities to its people; a country can, for example, allow only the population to vote in state elections.
There are also some bribes of freedom , the reason why possible laws may remain invalid. This is not an individual right, but a limitation on legislative power. However, where laws that would adversely affect a person are found to be invalid for that reason, the effect on the individual is similar to defending the individual's rights. There is a clear "freedom".
- Religious freedom <- b> - Article 116 creates religious freedom, prohibiting the Commonwealth (but not the state) to make "any law to establish any religion, or to impose religious observance, or to prohibit free practice of any religion ". This section is based on the First Amendment of the US Constitution, but is weaker in operations. When countries retain all the power they have as colonies before the federation, except for those explicitly given to the Commonwealth, this section does not affect the power of the state to make laws about religion. Section 116 has never been called. A barrier to pleading, as found by the High Court, the uncertain meaning of "religion".
There is also an implied right which is approved by the decision of the majority of the Court of Appeal. The implied right is one that is not written explicitly into the words of the Constitution, but that the Court of Appeal has been found to be implied by reading two or more parts together. The implicit right of political freedom is discussed below.
In addition to the rights of individuals explicitly written into the Constitution and implied by the parts therein, there is a final category of rights known as 'structural protection'. Rather than being an individual right, this is a broad protection for society as a whole, drawn from the system and principles created by and supporting the text and structure of the Constitution as a whole. One of the most notorious of these protections is the right of the people to a democratically elected parliament, which is generally regarded as a limited "right" to vote, discussed below.
Here are the rights or implied freedoms: In 1992 and 1994, the Court of Appeal found that the Constitution contained "implied freedom from political communication", in a series of cases including Australian Capital Television (BIB) and Theophanous . This is a majority decision, but the unanimous existence of freedom is confirmed at Lange v ABC . Rejecting broader suggestions in previous cases, Lange decided that freedom can only be found in the "text and structure" of the Constitution and not by reference to general legal or political principles, for example from "democracy". In these terms, freedom is found as necessary along with the provisions of the Constitutions chapters 7 and 24 that the Commonwealth parliament houses will be "elected by the people"; people should not be limited to communicating with each other and with their representatives in all matters that may be relevant to that choice. The freedom is perceived to extend to states and territories, on the grounds that nationally there is one sphere of political communication. The First US Amendment refers to "speech", which may be spoken or written but limited to the protection of non-verbal expressions (such as burning concept cards). The Court of Appeal has avoided such restrictions by preferring broader "communications". Nevertheless, freedom is not absolute: laws that "burden" the freedom of political communication will remain in effect if "proportionately" pursue some other legitimate purposes (such as public safety).
Efforts in High Court cases to find further implicit rights or freedoms have not succeeded. The implications of freedom of association and freedom of association, independent or related to political communication, have received occasional court support but not from the majority in any case.
Head of state
The term head of state does not appear in the Australian Constitution. It is conventionally recognized as Queen, because the governor-general and governor of the state are defined as "his deputy". However, because the governor-general is given important constitutional powers, the governor-general is often referred to as the head of state in political and media discussions, such as by Malcolm Turnbull and Kevin Rudd.
Proposals for major changes
Among the proposed amendments to the Constitution over the years, two proposals for major change have been prominent in recent decades, and both are considered, and defeated, in the 1999 referendum.
Opening
While the pro forma preface precedes the Imperial Australian Commonwealth Act 1900, the Australian Constitution itself does not contain an opening. There are several calls for the insertion of the passage to express the spirit and aspirations contained in the constitution. However, there is a fierce opposition, usually on the basis of the opening content, as well as the possible legal consequences of this text. In 1999, a proposed preamble, primarily written by John Howard, then Prime Minister, was defeated in a referendum held in conjunction with a Republican referendum. The "Yes" sound (supporting the opening insertion) does not reach a majority in any of the six states.
Proposal Republic
At various times since the Federation, debate has occurred over whether Australia should become a republic. On 6 November 1999, Australians rejected a proposal to move the Queen and replace the Governor-General with a President appointed by two-thirds majority of the members of the Commonwealth Parliament.
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