Comments on: Full Text of the Australian Constitution – As Amended

By: Malcolm Farnsworth

Malcolm Farnsworth — Wed, 24 Nov 2010 14:13:00 +0000

Common law is recognised by the judicial system but, like many other things, it isn’t stated in the Constitution. Australia’s legal system is a combination of the common law and statute law made by Parliament.

Municipal – or local – councils are established by state governments, not the Commonwealth. Each state has a Local Government Act which sets out the powers of local councils. There was a referendum in 1988 to insert recognition of local government into the Constitution but it failed to pass. The Gillard government is proposing to hold another referendum at some point over the next three years.

By: Shim54007

Shim54007 — Wed, 24 Nov 2010 14:01:00 +0000

where does ‘common law’ sit under the constitution? Is it recognised?
Also what is the constitutional basis for a municiple council’s authority to pass new laws?

By: Malcolm Farnsworth

Malcolm Farnsworth — Fri, 19 Nov 2010 08:08:00 +0000

The key words in Section 100 are “reasonable use”. The definition of this, and the process used to establish that definition, are crucial. I’m no lawyer, but in the current situation the consultations, negotiations and joint decisions of the States and the Commonwealth and the Murray-Darling Basin authority would almost certainly be construed as an appropriate attempt to determine “reasonable use”.

By: Dawoods1

Dawoods1 — Fri, 19 Nov 2010 07:13:00 +0000

Does section 100 give a resident the right to the reasonable use of the waters of rivers for irrigation?

By: Anonymous

Anonymous — Tue, 16 Nov 2010 08:16:00 +0000

This is complete nonsense. The Australian Constitution establishes a secular system of government, not a theocracy.

By: lawstudent

lawstudent — Sun, 07 Nov 2010 15:51:00 +0000

Nothing in the Constitution forbids religious-based political parties, merely that the parliament may not establish a religion, ie, to make one religion the state religion. This occurs in the United Kingdom, where the Church of England is the ‘established’ church. Hope this answers your question.

By: Anonymous

Anonymous — Sat, 06 Nov 2010 04:50:00 +0000

Yes, the Whitlam government legislated to lower the voting age to 18 in 1973.

By: Terry

Terry — Mon, 23 Aug 2010 23:24:03 +0000

Is section 34 of the constitution still applicable in its original form, or has it been ammended to allow for change to age etc.?

By: Robert Brook

Robert Brook — Wed, 18 Aug 2010 07:14:26 +0000

Section 41 is interesting. As I understand it this was insisted upon by South Australia to ensure that Aborigines, who had the vote in that colony, would retain the vote in the Commonwealth.

By: Neil Miley

Neil Miley — Wed, 18 Aug 2010 01:09:17 +0000

I can find nothing in the Constitution that empowers the Commonwealth to participate in military action, other than of a defensive nature. I assume this would extend to treaty obligations to defend allies or nations subject to agression, but have the impression that the last war in Iraq would have been outside the scope of the Constitutional powers of the Government. Is there anyway of getting advice on this topic?