Index: > A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Business Industries Finance Tax

Home > Constitutional history of Australia


First Prev [ 1 2 3 ] Next Last


History of Australia
Australia before 1901
Australia since 1901
Constitutional history
Timeline
Tasmania
Victoria
Western Australia
Canberra
Melbourne
Sydney

1 Emergence of the Commonwealth of Australia

Main article: Australian federation

After European settlement in 1788, Australia was politically organized as a number of separate British colonies, eventually six in all. By the middle of the nineteenth century, these had achieved virtually complete internal self-government under their own colonial Parliaments, with the "mother country" looking after their defence and such foreign relations as they had, and making only the occasional more direct intervention in their affairs. (These arrangements were confirmed by the Colonial Laws Validity Act of 1865.) One result of this was that they each had their own laws, and applied customs duties at the borders between them, which was a significant impediment to Australia's overall economic development.

The movement for Federation developed in the late nineteenth century, proposing that the six colonies join together as one federation of several States and territories (it was envisaged that New Zealand might join). In the 1890s, two constitutional conventions were called, which ultimately adopted a constitution based on a combination of British, American and other models (monarchy and parliamentary government from Britain, federalism from the United States, the use of the referendum from Switzerland). This constitution was then approved by the voters in each of the six colonies. (At the time women had the vote in only one of them: South Australia). It was then passed (with an amendment allowing for some appeals to the Privy Council in London) as an Act of the British Parliament: the Commonwealth of Australia Constitution Act 1900. The Act entered into force on January 1 1901, at which point the Commonwealth of Australia came into being.

2 The Commonwealth is born

The establishment of the Commonwealth of Australia is commonly taken as the date of Australia's independence from the United Kingdom, but matters are more complicated than that. The Constitution provided the Commonwealth with all the powers associated with a sovereign state, including the power to engage in foreign affairs and to raise its own army. But the United Kingdom still retained the power to engage in foreign affairs on behalf of Australia, and to make laws for it. In the early years Australia continued to be represented by the United Kingdom as part of the British Empire at international conferences.

Also, the Constitution provided that the British monarch be represented in Australia by a Governor-General, who was originally appointed on the advice of the British, not the Australian, government, and was generally a British aristocrat. Finally, the Constitution provided that any law of the Australian Parliament could be disallowed within a year by the British monarch (acting on the advice of British ministers), though this power was never in fact exercised. In summary, the constitutional position of the Commonwealth as a whole in relation to the United Kingdom was, originally, the same as that of the individual colonies before Federation.

3 From a united empire crown to a shared monarch

A fundamental change in the constitutional structures of the British Commonwealth (formerly the British Empire, and not to be confused with the Commonwealth of Australia) did occur, however, in the late 1920s. Under the British Royal and Parliamentary Titles Act 1927, which implemented a decision of an earlier Commonwealth conference, the unified Crown that had heretofore been the centre point of the Empire was replaced by multiple crowns worn by a shared monarch. Before 1927, King George V reigned as king in Australia, New Zealand, Canada, the Irish Free State, South Africa, etc., each of these states, in effect, as dominions, amounting to a subset of the United Kingdom. After 1927, he reigned as King of Australia, New Zealand, Ireland, South Africa, etc. The form of use in the royal title as issued by King George V [1] did not mention the dominions by name, except 'Ireland', which changed from being referred to as Great Britain and Ireland to Great Britain, Ireland, indicating that it was no longer part of the United Kingdom, but a separate state of which the monarch was now directly the head, rather than through linkage with Great Britain. Though unnamed, except through reference to the 'British Dominions beyond the Seas', the ground-breaking move shattered the previous concept of the shared monarch to one of multiple monarchies, all held by the one monarch.

Though this principle was implicit in the Act and in the King's new titles, and came out of a Commonwealth Conference, neither the British government nor the dominion governments seemed initially to grasp its significance. So while the Irish immediately put the principle into effect by assuming the right to select their own governor-general and to demand a direct right of audience with the King (excluding British ministers), other dominions were much slower to go down this path, and when they did so, they were faced with determined, though ultimately futile, attempts to block such evolution in London.

Whereas before 1927, it was correct in law to talk about the British monarch reigning in the dominions, after 1927, there was technically a 'King of Australia', etc., even if that title was never used formally, with the only link being that that monarch was British and resident outside the Commonwealth of Australia. Curiously, while the Irish asserted the title ' King of IrelandHistory The title High King of Ireland is attested many times in the records of the early medieval period. In its earlier range this usage reflects dynastic aspiration and propaganda rather than reality but towards the twelfth century a real office of thi' by having King George V sign an international treaty on behalf of his Irish realm as early as 1931 (where he was formally advised by the Irish Minister for External Affairs who formally 'attended' His Majesty, with no British minister present), the formal title 'Queen of Australia' was only adopted through the Royal Style and Titles Act [2] enacted by the Parliament of Australia in 1973.





Non User