Commonwealth of Australia Constitution Act 1901
The Commonwealth of Australia Constitution Act 1901 is a document of the constitution of Australia. It was formally made into law in July 9th 1900 and came into force in the beginning of the following year when Australia became an independent nation. The act is comprised on nine sections. The first eight sections of the act describe the legal procedures for the construction of the Commonwealth. The last section on the other hand, bears the Constitution of the Commonwealth of Australia.
The Commonwealth of Australia Constitution Act 1901 is considered as the blueprint that set out all the guidelines on how the new federation would be initiated and the way in which the people of Australia would design their nation. Besides, it also highlights the authority for the powers by which law makers would go about their duties, executive government implements laws and the operation of the judicial organs.
The construction of the Commonwealth of Australia Constitution Act 1901 was inspired by the need of Australian colonies like South Australia, New South Wales, Tasmania, Victoria, Queensland and Western Australia to come together into one pact for economic growth and political coherence. The act borrowed quite a lot from many international structures. For instance, it adopted the concepts of constitutional monarchy and parliamentary government from Britain. Besides, its concepts of judicial review and federalism were drawn from the constitution of the United States.
Another sign that the Commonwealth of Australia Constitution Act 1901 was inspired by international sources is its provision of the requirement of a referendum whenever there is need for amending the constitution. This is a concept that was borrowed from Switzerland. There are more provisions of this act that are similar to the constitutions of most countries across the world.
According to the Commonwealth of Australia Constitution Act 1901, there are two parties that are described as the holders of the contract. The people of the states of the Commonwealth and the queen are the two parties that are contracted with the constitution. These two are well defined in the preamble of the act. In this act, neither the Australian government nor the British government as some may think, is hold any contract. The parliament is regarded as the administrative body to champion it.
The Commonwealth of Australia Constitution Act 1901 sets out clearly how powers are to be separated. These provisions highlighting the powers of the parliament, executive government and judicature are well set out in Chapters I, II and III of the act. It is indicated by the act that the Queen is at the helm of authority in both the executive and parliament.
In the earlier days before the Commonwealth of Australia Constitution Act 1901 came into force, the constitution had legal force from the parliament of the United Kingdom. However, this act removed that power and outlined the various referendum procedures that are to be followed in case there is need for any changes to be made.