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Australia is a constitutional monarchy. Australia's head of state is Queen Elizabeth II, who holds the title Queen of Australia in addition to her other titles. The Queen is represented in Australia by the Governor-General. Under the Australian Constitution the role of the Crown is almost entirely ceremonial. Although the constitution gives significant executive power to the Governor-General, these powers are almost never used directly, and are usually delegated to the Cabinet, whose members are chosen by the governing party, or by the Prime Minister alone, from among the members of the Parliament of Australia. The Governor-General, however, retains the reserve powers of the Crown, and uses them on very rare occasions.
Australia is a federation, formed in 1901 as a result of an agreement between what were previously six self-governing British colonies. The terms of this agreement are embodied in the Australian Constitution, which was drawn up at a Constitutional Convention and ratified by the people of the colonies at referendums. The Constitution creates an Australian federal Parliament, executive and judiciary, and allocates certain powers and responsibilities to them (known as "heads of power"). All remaining responsibilities were retained by the six colonies, which under the Constitution became States of the Commonwealth of Australia.
Australia thus has seven sovereign Parliaments, none of which can encroach on the functions of the other. The High Court of Australia arbitrates on any disputes which arise between the Commonwealth and the States, or among the States, concerning their respective functions. The Constitution, however, provides that the States can agree to refer any of their powers to the Commonwealth if they choose. The Commonwealth Parliament can also propose to the people the transfer of power from the States to the Commonwealth (or vice versa), by way of a referendum to amend the Constitution. Such a referendum require the approval of a majority of voters, and a majority of voters in a majority of states (this is called the "double majority").
In addition, Australia has three self-governing territories: the Australian Capital TerritoryAustralian Capital Territory ACT , chiefly the site of Canberra (population 309,500 as at 16/10/2004), Australia's capital city, is situated between the country's two largest and rival cities, Melbourne and Sydney. Description The ACT is wholly surrounded, the Northern TerritoryNorthern Territory Territory flag ( In detail) Coat of Arms ( In detail) Capital Darwin Administrator Ted Egan Chief Minister Clare Martin Area Land Marine Total 1 349 129 kmē 71 839 kmē 1 420 968 kmē Population (2002) Density 197 700 0. 15/kmē Time and Norfolk IslandNorfolk Island is an island in the Pacific Ocean located between Australia, New Zealand and New Caledonia, and is one of Australia's external territories. The island is 34 kmē. The Norfolk Island pine, also pictured in the flag, is a very striking evergre. The legislatures of these territories exercise powers delegated to them by the Commonwealth, and the Commonwealth Parliament retains the power to override territorial legislation and to transfer powers to or from the territories.
The federal nature of the Commonwealth is reflected in the structure of the Parliament of Australia, which was the subject of protracted negotiations among the colonies during the drafting of the Constitution. The House of RepresentativesThe House of Representatives is one of the two chambers of the parliament of Australia. The other is the Senate. The 150 members of the house are elected from single-member geographic districts (popularly known as "seats" but officially known as "Commonwe is elected on a basis which reflects the differing populations of the States. Thus New South WalesNew South Wales NSW is Australia's most populous and oldest state, located in the southeast, north of Victoria. It was founded in 1788 and originally comprised much of the Australian mainland. During the 19th century large areas were successively separate has 50 members of the House while TasmaniaTasmania State flag ( In detail) Coat of Arms ( Full size) Capital Hobart Governor William Cox (Acting Governor) Premier Paul Lennon Area Land Marine Total 68 401 kmē 22 357 kmē 90 758 kmē Population(Sep 2003) Density 478 400 6. 92/kmē Time zone UTC has five. But the Australian SenateThe Australian Senate is the upper of the two houses of the Parliament of Australia. See List of members of the Australian Senate Origins and role The Commonwealth of Australia Constitution Act of 1900 set up the Australian Senate as part of the new syste is elected on a basis of equality among the States: all States elect 12 Senators, regardless of population. This was intended to prevent the Parliament being dominated by the interests of the two most populous States.
Government is undertaken by three inter-connected arms of government:
The Separation of Powers is the principle whereby the three arms of government undertake their activities separate from the others:
The legal basis for the nation changed with the passage of the Australia Act 1986, and associated legislation in the parliament of the United Kingdom. Until the passage of this Act, a limited range of Australian cases could be referred to the Judicial Committee of the Privy Council for final appeal. With this act of parliament, Australian law was made unequivocally the law in the nation, and the High Court of Australia was confirmed as the single highest court of appeal. The theoretical possibility of the British Parliament enacting laws to override the Australian Constitution was also removed.(Act:pdf)
In 1999 the Australian people voted in a referendum to change the Constitution so as to make Australia a republic. The proposal would have replaced the Queen with a President chosen by a two-thirds majority of both Houses of the Parliament. The referendum was defeated, but the Australian Republican Movement continues to campaign for an Australian republic (see also Australian republicanism).