What is the Australian Constitution?
The Australian Constitution is the highest legal document in Australia. It came into effect on 1 January 1901, when Australia became a federation.
The Constitution sets out the basic rules for how Australia is governed, including the powers of parliament, the executive and the courts. All other laws must be consistent with the Constitution.
What the Constitution does
- establishes the federal system of government
- defines the powers of the federal parliament
- protects the separation of powers
- allows the High Court to interpret the law
Changing the Constitution
The Constitution can only be changed through a referendum. This means that Australian citizens must vote on any proposed change.
For a referendum to pass, it must achieve a double majority: a majority of voters nationwide, and a majority of voters in a majority of states.
The rule of law
The rule of law is a fundamental principle of Australian democracy. It means that everyone must follow the law, including politicians and government officials.
Laws are applied equally and fairly, and people have the right to a fair trial before an independent court.
Equality before the law
In Australia, everyone is equal before the law. This means that personal background, wealth, position or beliefs do not give anyone special legal privileges.
Courts must make decisions based on the law and evidence, not on political pressure or public opinion.
Independent courts
Judges are independent and impartial. They cannot be directed by the government on how to decide cases.
This independence ensures that the law protects individual rights and limits the power of government.
What you must know for the test
- what the Australian Constitution is
- that it is the highest law in Australia
- how the Constitution can be changed
- what the rule of law means
- that everyone is equal before the law