How is australia ruled

A representative democracy In a representative democracy, citizens choose candidates to represent them in a parliament. Examples of other constitutional monarchies include Belgium, Tonga and Sweden.

A federation of states A federation is a group of states that have joined together to form a single country. The three levels are: federal—Australian—Parliament, in Canberra state and territory parliaments, in each state and territory capital city local councils—also called shires—across Australia.

Some examples of other federations include Canada, India and Germany. Separation of powers The Australian Constitution defines 3 groups—the Parliament, the Executive and the Judiciary—and describes how they share power. The separation of powers helps to ensure that no group has all the power, by giving each group their own area of responsibility: Parliament the Legislature makes and changes the law.

Executive puts the law into action. Judiciary settles disputes about the law. Want to know more? The Australia Act removed all remaining legal links between the Australian and British governments. The Commonwealth of Australia Constitution Act granted permission to the 6 Australian colonies, which were still subject to British law, to form their own national government in accordance with the Constitution.

The Act consists of a preamble and 9 clauses, of which clause 9 is the original Australian Constitution. The Constitution consists of 8 chapters and sections. Chapter I describes the composition and powers of the Australian Parliament, which consists of the Queen and a bicameral legislature with:. Chapter I contains sections 51 and 52 , which list most of the areas in which the Australian Parliament can make laws.

The Australian Parliament can make laws on a range of issues such as immigration and pensions , but the Constitution allows other powers such as providing roads and transport to remain with the states. Chapter II describes the power of the most formal elements of executive government, including the Queen, Governor-General and the Federal Executive Council.

Chapter III provides for the creation of federal courts, including the High Court of Australia, which is the final court of appeal. The High Court can interpret the law and settle disputes about the Constitution. Chapter IV deals with financial and trade matters. Chapters V and VI outline the relationship between the Australian Parliament, and the states and territories.

Importantly, chapter 5 states that if the Australian Parliament and a state parliament both pass laws on the same subject and these laws conflict, then the national law overrides the state law.

Section in Chapter 6 gives the Australian Parliament the power to override a territory law at any time. It also allows the Australian Parliament to make laws for the representation of the territories.

Chapter VII describes where the capital of Australia should be and the power of the Governor-General to appoint deputies. The Australian Constitution does not include a bill of rights. However, some human rights are mentioned, including the right to compensation if the government acquires your property section 51 xxxi , guaranteed trial by jury for federal offences section 80 and freedom of religion section The sections of the Australian Constitution.

Attribution — you must attribute the work in the manner specified by the author or licensor but not in any way that suggests that they endorse you or your use of the work. Waiver — any of the above conditions can be waived if you get permission from the copyright holder. People are allowed to test the meaning and application of the Australian Constitution. The High Court of Australia interprets the Constitution and settles disputes about its meaning. It has the power to consider national and state laws and determine if such laws are within the powers granted in the Constitution to the relevant level of government.

The High Court can invalidate any law or parts of a law it finds to be unconstitutional. Sometimes the High Court is asked to decide whether it is the Australian 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 Australian Government has the power to do, the High Court may be asked to decide whether a law made by the Australian Government is within that power.

Changing the Australian Constitution — double majority. This image shows how the Australian Constitution can only be changed with the support of the majority of Australian voters and the majority of voters in at least 4 states.

The following scenarios are shown as examples. Scenario ONE: change the Constitution: the majority of Australian voters have said yes; the majority voters in at least 4 states have said yes. Scenario TWO: don't change the Constitution: the majority of Australian voters have said no; the majority voters in at least 4 states have said yes. Scenario THREE: don't change the Constitution: the majority of Australian voters have said yes, the majority voters in at least 4 states have said no.

The Australian Constitution can be changed by referendum according to the rules set out in section of the Constitution. Constitutional provisions. The Executive Government in practice. In reality, the executive power is possessed by the Prime Minister and Cabinet senior Ministers.

Their power derives:. Neither the Prime Minister nor the Cabinet are mentioned in the Constitution—the framers of the Constitution took their existence for granted, as they did the various conventions of the Westminster system of government inherited from the United Kingdom.

Table 1 below gives a comparison of the constitutional provisions and the actual practice according to the conventions which have operated in Australia. Composition of the Ministry. The Prime Minister is the head of the government. They achieve this position by being the elected leader of the party in government in the case of a coalition government, the major party.

Major policy and legislative proposals are decided by the Cabinet. The Prime Minister selects Ministers for Cabinet positions. Ministers are selected by the Prime Minister. Legislation currently allows for up to 30 Ministers. About 20 or so senior Ministers administer the major departments and are, usually, members of Cabinet. Other Ministers are responsible for particular areas of administration within a major department, or may be in charge of a small department.

Ministers are appointed from both Houses of Parliament, although most about two thirds are Members of the House of Representatives. Up to 12 Members and Senators are appointed by the Prime Minister as Parliamentary Secretaries also referred to as Assistant Ministers to assist or represent Ministers in their administrative responsibilities.

The role of the Governor-General. The Governor-General performs the ceremonial functions of head of state on behalf of the Queen. The Governor-General also has executive powers under many Acts of Parliament—for example, the power to proclaim legislation that is, bring it into effect and to make regulations and other kinds of delegated legislation that is, legislative powers that the Parliament has delegated to the Executive Government. Most of the executive actions taken by the Governor-General are of this kind.

In practice, except when reserve powers are involved—see below—these functions are exercised as advised by the Prime Minister and Ministers. In some matters the Constitution gives the Governor-General powers to act independently.

These include the power to dissolve the House of Representatives and, in certain situations, both Houses see Infosheet No. However, in other than exceptional circumstances, the Governor-General will follow the advice of a Prime Minister who retains the confidence of the House.

Constitutional experts do not agree on their precise extent or on the nature of the exceptional circumstances in which they may be exercised.

The Federal Executive Council. The Federal Executive Council is the constitutional mechanism for providing ministerial advice to the Governor-General. It is not a forum for policy debate or deliberation and its proceedings are entirely formal. In practice the minimum number of Ministers or Parliamentary Secretaries that is, two in addition to the person presiding are rostered to attend. Meetings of the Council are presided over by the Governor-General or a deputy appointed by the Governor-General usually the Minister with the title Vice President of the Executive Council.

The matters dealt with at each meeting are recommendations by Ministers, for the approval of the Governor-General in Council, that something be done—for example, that a regulation be made, a treaty be ratified, or a person be appointed to a position.

The role of the Queen. Australia is a constitutional monarchy. A monarchy is a country where the position of head of state is inherited. A constitutional monarchy is one where the powers of the monarch or sovereign—the King or Queen—are limited by law or convention, and generally exercised only according to the advice of an elected government.

The head of state is a formal, symbolic and ceremonial position, as opposed to the position of head of government, which has the administrative power to govern the country. In some systems of government the head of state and head of government are the same person—for example, in the United States the President has both functions.

Queen Elizabeth is also Queen of the United Kingdom and several other countries which used to be part of the former British Empire. In Australia the powers of the Queen have been delegated by the Australian Constitution to her representative in Australia, the Governor-General.

The Constitution gives the Queen the power to disallow an Australian Act of Parliament, but this has never been done and it is extremely unlikely that it would ever be done. The Judiciary. The Constitution vests the judicial power of the Commonwealth—the power to interpret laws and to judge whether they apply in individual cases—in the High Court and other federal courts.

The High Court is established by the Constitution.