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 * About Us
 * The Australian Constitution
 * Origins of the Constitution
 * The Six Principles
 * The High Court
 * Resources

The Australian Constitution is the bedrock of our society. Since 1901 it has
underpinned our story of nation building through a world history that lurched
between war and peace.

The Constitution has been a remarkably successful rule book. It guides us daily
as citizens in our communities so we can get on with our lives in a safe and
stable system of government.

Before the Constitution came into being, a group of six separate British
colonies had to agree to unite. Colonial parliaments had to feel comfortable
that they retained enough of their powers. The voting population wanted to
pioneer rights such as a fair go in a free and just society. At this time most
Aboriginal and Torres Strait Islander Peoples and most women did not have the
vote. The writers of the Constitution wanted to entrench foundation principles
that would ensure the branches of Government had checks and balances to limit
their powers.
 
We were fortunate to get a Constitution that can evolve and change to meet the
needs of a progressing country. Alterations can only happen through a vote by
all the people. Yet research suggests many people today don’t understand the
importance of our Constitution. We hope our Educational Program and our
Exhibition at the High Court, Canberra demonstrate how the Constitution works
and that it is a national treasure. Knowledge of our Constitution’s history and
story will help you realise what a great system of government we have in
Australia. You will also explore how your own life, in your own community,
benefits from the Constitution. 


The Journey: How Australia Came To Be

It’s 1901 and Matilda and Banjo are on their way to the party of the century.
All the different colonies in Australia have agreed to come together as one
country and it’s very exciting. One country, one set of rules, one people. We
are all united under something called the Constitution. But how on earth did
everyone agree to come together? It’s hard enough to get a family to agree on
what to eat for dinner, let alone bring a whole country together.

Click here for Lesson Resource for ACHASSK134

Schools Civics and Citizenship teaching and learning resources in support of the
Australian Curriculum
 * In 1901 the Constitution established the rules for our ongoing democratic
   Australian Government.
   
   
 * Voting in elections is at the core of our democracy. But do prisoners have
   the right to vote?
   
   
 * Freedom of political discussion is an indispensable concomitant of
   representative democracy…
   Langer v Commonwealth (1996), per Toohey and Gaudron JJ
   
   
 * Representative parliamentary democracy…which the Constitution provides,
   informs an understanding of…s 44(v)…which includes an obligation to act
   according to good conscience, uninfluenced by…personal financial
   considerations
   Re Day (No2) (2017), per Kiefel CJ, Bell and Edelman JJ
   
   
 * We can only alter the Constitution by a vote of the people. Do you think we
   need a referendum on anything today?
   
 * Did you know that Australia was one of the first countries in the world to
   give women the right to vote?

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 * The Separation of Powers in the Constitution divides Australia’s federal
   level of government into three branches They are the Parliament, the
   Executive and the Judiciary.
    
 * Each branch or institution of Government has powers outlined in the
   Constitution. They cannot do anything outside these powers.
   
   
 * The power struggles between the three branches are the story of our system of
   government since the Constitution came into being.
   
   
 * The institutions of Government provide checks and balances on each other.
   This protects the people of Australia from one person or branch of Government
   from having too much power.
   
 * How does the High Court of Australia invalidate laws made by the Australian
   Parliament?

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 * Our nation, Australia, came into being on 1 January 1901 when the
   Constitution began to operate. 
   
   
 * Since 1901 our society has changed and adapted. We call this nationhood or
   nation building.
   
   
 * Alterations to the Constitution have contributed to Nationhood. For example
   the 1967 referendum expanded the federal Parliament’s power to make laws for
   Aboriginal Australians. Our continuing independence from Britain has also
   enhanced nationhood.
   
   
 * Did you know that a competition was held to design the Australian flag in
   1903? One of the winners was a 14 year old boy.
   
 * Our first Coat of Arms was created in 1908. What’s your favourite symbol that
   represents Australian Nationhood?


 * Everyone is subject to the laws of the land regardless of their status.
   
   
 * All Australian citizens have the right to a fair trial and are presumed
   innocent. It is up to the prosecutor to prove that we are guilty.
   
   
 * No man is punishable or can lawfully be made to suffer in body or goods
   except for a distinct breach of the law established in the ordinary legal
   manner before the ordinary Courts of the land.
   A.V. Dicey 1885
   
   
 * It is more proper that law should govern than any one of the citizens…
   Greek Philosopher Aristotle 350 BC
   
   
 * The validity of a law…cannot be made to depend on the opinion of the
   law-maker
   Australian Communist Party v The Commonwealth of Australia (1951), per
   Fullagar J

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 * After great debate the colonies joined at federation in one Commonwealth
   comprised of six States, from which two territories were later formed.
   
 * The Commonwealth Constitution…while it had the effect of federating the
   colonies of the Australian continent and of raising them to the dignity of
   States, did not replace the pre-existing Constitutions of the States.
   Lumb The Constitutions of the Australian States
   
   
 * Section 106 of the Constitution protected the Constitutions of the States at
   Federation.
   
   
 * The Premiers, Chief Ministers and the Prime Minister meet each year to try to
   cooperatively solve national problems.
   
 * Do you think energy policy should be legislated for by the Statess or Federal
   Parliaments? Or both working together?

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 * Did you know that the Constitution defines and protects only a few express
   rights?
   
   
 * The right to a jury is one of the fundamental rights of citizenship and not a
   mere matter of procedure, and so the courts have said.
   Newell v The King (1936), per Latham CJ
   
   
 * Many other rights have been interpreted by the Courts through the words and
   structure of the Constitution and through the common law.
   
   
 * Whatever the justification advanced in earlier days for refusing to recognise
   the rights and interests in land of the indigenous inhabitants of settled
   colonies an unjust and discriminatory doctrine of that kind can no longer be
   accepted.
   Mabo v Queensland (1992) per Brennan J
   
   
 * Do you think we need a Bill or Charter of Rights in our Constitution?



Contact Us


Telephone: 1800 009 855
Exhibition Address: High Court of Australia, Canberra 
email: info@australianconstitutioncentre.org.au






 * About Us
 * The Australian Constitution
    * What is the Australian Constitution
    * The Writers of the Australian Constitution
    * The Australian Constitution

 * Origins of the Constitution
    * Where did the Australian System of Government come from?
    * Timeline

 * The Six Principles
    * Democracy
    * The Rule of Law
    * Separation of Powers
    * Federalism
    * Nationhood
    * Rights

 * The High Court
    * The First High Court
    * The Role of the High Court
    * Democracy – The Right to vote survives incarceration
    * The Rule of Law - Miners pay rise is unauthorised
    * The Rule of Law – The government overreached when it banned the Communist
      Party
    * The Rule of Law - Even a murderer deserves a fair trial
    * The Rule of Law - The High Court limits Federal Government spending powers
    * Separation of powers – Well may we say, “God save the Queen”
    * Separation of powers – The powers of State Courts
    * Separation of powers – Parliament cannot make laws to keep evidence from
      the High Court
    * Federalism – Engineers Union succeeds in the High Court, expanding Federal
      power
    * Nationhood - The Constitution saves the Franklin River
    * Rights - NSW Government compulsorily acquires wheat during World War I
    * Rights - High Court overturns 200 years of common law

 * Resources
    * Australian Constitution Centre Resources
    * FAQs
    * Glossary
    * Take the Knowledge Quiz
    * Introduction to the education program
    * Lesson Plans >
       * Lesson Resources ACHASSK134
   
    * Links to other relevant organisations


 * What is the Australian Constitution
 * The Writers of the Australian Constitution
 * The Australian Constitution

 * Where did the Australian System of Government come from?
 * Timeline

 * Democracy
 * The Rule of Law
 * Separation of Powers
 * Federalism
 * Nationhood
 * Rights

 * The First High Court
 * The Role of the High Court
 * Democracy – The Right to vote survives incarceration
 * The Rule of Law - Miners pay rise is unauthorised
 * The Rule of Law – The government overreached when it banned the Communist
   Party
 * The Rule of Law - Even a murderer deserves a fair trial
 * The Rule of Law - The High Court limits Federal Government spending powers
 * Separation of powers – Well may we say, “God save the Queen”
 * Separation of powers – The powers of State Courts
 * Separation of powers – Parliament cannot make laws to keep evidence from the
   High Court
 * Federalism – Engineers Union succeeds in the High Court, expanding Federal
   power
 * Nationhood - The Constitution saves the Franklin River
 * Rights - NSW Government compulsorily acquires wheat during World War I
 * Rights - High Court overturns 200 years of common law

 * Australian Constitution Centre Resources
 * FAQs
 * Glossary
 * Take the Knowledge Quiz
 * Introduction to the education program
 * Lesson Plans >
    * Lesson Resources ACHASSK134

 * Links to other relevant organisations