Australian Constitutional Evolution

Australian Constitutional Evolution

The beauty of the Australian constitutional system is that it has evolved over the centuries through trial and error.

Much was inherited from Britain.

From the Magna Carta of 1215 down to the Glorious Revolution of 1688 and through the development of the Westminster system, we have a rich treasure which we have adapted to our own needs and made Australian.

Magna Carta
Magna Carta was issued in June 1215 and was the first document to put into writing the principle that the king and his government were not above the law. It sought to prevent the king from exploiting his power and placed limits on royal authority by establishing law as a power in itself.

 

Within 30 years of Charles II's restoration to the throne in 1660, England was once again on the verge of civil war. In 1688 the country was invaded by a foreign army and its King fled, as the Crown was offered by Parliament to his own nephew and son-in-law. Yet these events are usually called the Glorious Revolution.
Within 30 years of Charles II's restoration to the throne in 1660, England was once again on the verge of civil war. In 1688, the country was invaded by a foreign army, and its King fled as Parliament offered the Crown to his own nephew and son-in-law. Yet these events are usually called the Glorious Revolution.

Until the Federation, our constitutional system came wholly from Britain.

Although given legal effect by the British and although first proposed by them, the Constitution of our "indissoluble Federal Commonwealth under the Crown" was drafted by Australians in Australia and approved by the people in each of the Australian colonies, or as they consequently became the Australian States.

Our Founding Fathers not only borrowed from Britain. They wanted the best. So they also looked to Switzerland for the referendum and the United States for a powerful Senate.

Federation established our nation. So, we have divided our examination into two periods: Before Federation and From Federation.

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Crowned Republic

A Crowned Republic is a form of government that features a monarch who serves as a symbolic, ceremonial leader with limited authority over matters related to the executive branch and constitutional issues. This type of system is exemplified by countries like Australia, New Zealand, Canada and the United Kingdom, which are officially classified as constitutional monarchies. Additionally, the term can be applied to historical republics where the head of state held the title of "doge," such as those found in Venice, Genoa, and the Republic of San Marino. In these cases, the monarch's role was largely symbolic, with actual governance being carried out by elected officials or other government bodies. Overall, a crowned republic is a unique blend of monarchical and republican features in which the monarch's role is largely symbolic but still serves an important ceremonial function.
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