Constitutional Law & Lawyers
Constitutional rights, federal-state relations, and high court matters.
The Australian Constitution is the set of rules by which Australia is run. It took effect on 1 January 1901 and to this day is the blueprint for how Australia is governed. It includes details on the composition of the Australian Parliament, how Parliament works, what powers the Parliament has, how federal and state Parliaments share power and the roles of the Executive Government and the High Court.
If you believe you have a matter relating to constitutional law, then please complete your free legal enquiry form on the right, or click here.
Key features of the Constitution
Australia is a federal system in which the Constitution divides power between a national government (the Commonwealth) and state governments.
The Constitution describes the key features of the Australian federal system, including:
• the basic rules for the operation of the federation and the powers of the federal Parliament
• a federal government which governs the nation
• separate state governments, constitutions and laws which govern the individual states
• power and authority that is shared between federal and state parliaments, governments and courts
• a bicameral system with:
• single member representation for the House of Representatives. This system is designed to elect major parties and support efficient government.
• multi-member representation for the Senate. This system elects 12 senators for each state and is designed to protect the interests of the states.
• the High Court of Australia, which is the final court of appeal. The High Court interprets the Australian Constitution and resolves legal disputes between the Australian Parliament or government and the states.
Constitutional law is a branch of law that focuses on the allocation and exercise of government power. Constitutional lawyers are highly trained law professionals that focus on the laws, relationships, and rights that have been established by the Constitution of Australia.
What does a constitutional lawyer do?
Constitutional lawyers interpret and implement the amendments, rights, and rules that the Australian Constitution outlines. They concentrate on specific issues and practice in a wide variety of areas such as civil rights and real estate. They often apply constitutional law to cases that are presented in federal courts and High Court. They gain the necessary information and details to present viable cases. They discuss court cases with their clients and other lawyers, complete legal research, and make sure tasks are completed on time.
If you believe you have a matter relating to constitutional law, then please complete your free legal enquiry form on the right, or click here.
Further Resources - Constitutional Law & Lawyers
NEWS, UPDATES & FURTHER INFORMATION - Constitutional Law & Lawyers:
The Australian Constitution of 1901 established a federal system of government. Under this system, powers are distributed between a national government (the Commonwealth) and the six States (three Territories - the Australian Capital Territory, the Northern Territory, and Norfolk Island have self-government arrangements). The Constitution defines the boundaries of law-making powers between the Commonwealth and the States/Territories.
If you believe you have a matter relating to constitutional law, then please complete your free legal enquiry form on the right, or click here.
The Constitution and the High Court
As a set of rules, a constitution requires interpretation and the adjudication of disputes which arise from those rules. People may wish and are entitled to test the meaning and application of a constitution. In Australia, it is the principal function of the High Court of Australia to interpret the constitution and to decide disputes about its meaning.
Sometimes the High Court is asked to decide whether it is the federal government or a state government which has the authority and responsibility to deal with a matter. At other times, because the Constitution provides specific limits to what the federal government is empowered to do, the High Court may be asked to decide whether a law made by the federal government is valid either in whole or in part.
If you believe you have a matter relating to constitutional law, then please complete your free legal enquiry form on the right, or click here.
How the Constitution can be changed
The Australian Constitution can be changed by referendum according to the rules set out in Section 128 of the Constitution.
A referendum is a national ballot on a question to change a part of the Australian Constitution. In a referendum the Parliament asks each Australian on the electoral roll to vote. Australians aged 18 years or older are eligible to vote on a specified change to the Constitution.
If a majority of people in a majority of states and a majority of people across the nation as a whole vote yes (called a double majority), then the part of the Constitution in question is changed. Otherwise the Constitution remains unchanged.
Since 1906, when the first referendum was held, Australia has had 19 referendums in which 44 separate questions to change the Australian Constitution have been put to the people. Only eight changes have been agreed to, covering such topics as Senate elections, Aboriginals and the retirement of Judges.
If you believe you have a matter relating to constitutional law, then please complete your free legal enquiry form on the right, or click here.
If you need legal advice regarding Constitutional Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Constitutional Law lawyer nearest to you, who can help you with Constitutional Law.
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Re: Constitution
Mon, 06 Jun 2011 19:49:11 -0000
Under the Australian Constitution is there provisions that prevents the Australian Government for impossing a tax that could push the average Austalian into poverty?
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