Government of Australia

Australia is a constitutional monarchy, a federation and a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement between what were previously six self-governing British colonies. The terms of this agreement are embodied in the Australian Constitution, which was drawn up at a Constitutional Convention and ratified by the people of the colonies at referendums.

Structure of the government

The structure of the Australian Government may be examined in light of two distinct concepts, namely: Federalism - Australia has both a federal government called the Commonwealth Government as well as state and local governments; and Separation of powers into legislative, executive and judiciary branches of government. Separation of powers is implied from the structure of the Constitution which breaks down the branches of government into separate chapters.

Federalism

The Australian Constitution (The Commonwealth of Australia Constitution Act 1900) creates a federal legislature known as the Parliament of the Commonwealth (Section 1). The bicameral parliament consists of the Queen and two houses, the Senate and the House of Representatives (Section 1). Section 51 of the Constitution provides for the Commonwealth Government’s legislative powers and allocates certain powers and responsibilities (known as “heads of power”) to the Commonwealth government.

All remaining responsibilities were retained by the six colonies, which under the Constitution became States of the Commonwealth of Australia. Further, each state has their own State Constitution so that Australia actually has seven sovereign state Parliaments, none of which can encroach on the functions of the other. The High Court of Australia arbitrates on any disputes which arise between the Commonwealth and the States, or among the States, concerning their respective functions.

The Commonwealth Parliament can propose changes to the Constitution which must receive the support of a majority of those voting in a referendum and a majority of voters in a majority of States, what is called the “double majority” or “dual criteria”, and also the majority of voters in each affected State.