The Australian Constitution Essay - 1027 Words

The Australian Constitution Will Australia become a republic in the next twenty years? This is a difficult question to speculate on. The main area of law governing this issue is section 128 of the Commonwealth of Australia Constitution Act 1900 (U.K). Other issues in this debate are regarding appointment, termination and the powers to be awarded to the proposed Head of State, and the impact the change will have on the States. Examining the history of Australian Legislative powers, and reasons why Australians would want to change, is also useful when speculating on this issue. The Colonial Laws Validity Act 1865 emphasized self-government in the colonies, although denying them the power to amend or repeal British law. (Enright†¦show more content†¦(Chisholm et.al 1997,p.68) There is a feeling that for Australia to be truly independent, the ties with England would need to be severed. (Mack, K., in Corkery et.al 1998, p.34) One view would be to simply abolish the Monarchy. (Winterton, G., in Stephenson et.al 1994, p.17) However, others might say that our current system is already mostly Republican with the only Monarchial elements remaining being the concentration of Royal powers in the Ministry. (http://www.aph.gov.au/senate/general/republic.htm#aussie) In any event, ‘severing the Royal ties’ is not that easy, as amendments to the Australian Constitution Acts 1900(U.K) can only be passed in Parliament in accordance with section 128. (Chisholm et.al 1997, p.61) Section 128 prescribes that changes can only be implemented by referendum. To hold a referendum a Bill needs to be passed through the Commonwealth Parliament to authorize it. Once authorized, a majority of votes, as well as a majority of States is required. This dual criterion has proven difficult to achieve, with only eight referendums being successful since Federation. (Brown et.al 2000, p.p. 68-69 and Chisholm et.al 1997, p.64) If a referendum is successful, the Governor-General will need to assent to the Bill to become an Act. Moreover, since the referendum effectively abolishes the Office of the Governor-General, alternative arrangements could be needed to beShow MoreRelatedThe Australian Constitution1230 Words   |  5 Pagesâ€Å"The Australian Constitution was drafted at a series of constitutional conventions held in the 1890s. It was passed by the British Parliament as part of the Commonwealth of Australia Constitution Act 1900 and took effect on 1 January 1901. 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