This edition provides a brief history of the way in which the australian constitution came into effect. The constitution of australia, or australian constitution, is the supreme law under which the government of the commonwealth of australia operates, including its relationship to the states of australia. Trone, quick reference card constitutional law, 2015. Noted is the constitutional use of the term state rather than province, a deliberate reference to this selfgovernance. Wintertons australian federal constitutional law commentary. For complete details see the australian guide to legal citation. Reviews in australian communist party v commonwealth 1951 83 clr 1 the communist party case dixon j stated that the rule of law forms the assumption of the australian. The book adds an australian voice to global debates and a novel perspective on that enduring question of how to create a government of laws rather than of men. This book is intended primarily for teaching purposes and contains material covered in virtually all australian federal. A pinpoint reference, is a reference to the page number of the case. It sets out the basis for australias federal system of governance, the key features of which include. The annotated constitution of the australian commonwealth by.
Where necessary, the australian constitution may also be referred to within its enacting legislation as. Australias constitution pocket edition parliamentary education office. Buy constitutional law books thomson reuters australia. The constitution of australia are the laws that set up the australian commonwealth government and the way it works. Commonwealth of australia constitution act table of provisions long title preamble 1.
The constitution establishes the composition of the australian parliament, describes how parliament works and what powers it has. The first 8 sections of the act record that the people of the australian colonies have agreed to unite in a federal commonwealth and that the new system of government. Constitution of australia simple english wikipedia, the. Australian constitution parliamentary education office.
Constitution of the commonwealth of australia international. The most important is the constitution of the commonwealth of australia. The constitution of the commonwealth of australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible. Service, canberra, constitutional law, general works. The handbook offers a critical analysis of some of the most significant aspects of australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which australias constitutional. A clear and succinct introduction to constitutional law in australia. However, if youre referring to an outofdate part of the constitution, you should add a date stating when it was repealed. This compilation contains all amendments to the constitution made by the constitution alterations specified in note 1 additions to the text are shown in bold type. Section 122 of the constitution of australia wikipedia. It has been shown that the australian constitution is. Access to the complete content on oxford reference requires a subscription or purchase. If an amendment or clause is currently in use, you dont need to add a date. Australian legal materials referencing libguides at edith.
Only the people of the commonwealth of australia are sovereign. Public debate on constitutional issues in australia would be greatly improved if journalists, let alone the general public were to read this work in great numbers. Unlike canada, whose senate has historically been a weak institution. Like the us, australia has an explicit constitution. The journal of legislative studies i would commend the constitution of a federal commonwealth. The australian senate is the direct analog of the us senate. Constitution is a special case because it a common document that can be found a. Oct 18, 2016 this textbook considers the concepts underlying the australian constitution and explores constitutional decisionmaking in our local context.
The constitution was then passed as a part of the commonwealth. May 04, 2020 the australian guide to legal citation, 4th edition aglc4 is a footnoting style. Principles of australian constitutional law, 5th edition lexisnexis. If you cite a concept that has been repealed or otherwise changed, however, indicate that information and the year the change occurred in the parenthetical citation. A istory of section 127 of the commonwealth constitution 209 who conceived the section, it is clear that it was a solution to a practical problem and consistent even with a possible conferral of the franchise on those aboriginal people who did not already have it. Commonwealth of australia constitution act the constitution this compilation was prepared on 25 july 2003 taking into account alterations up to act no.
Australian law dictionary access to the complete content on oxford reference requires a subscription or purchase. An act to constitute the commonwealth of australia 9th july 1900 whereas the people of new south wales, victoria, south australia, queensland, and tasmania, humbly relying on the blessing of almighty god, have agreed to unite in one indissoluble federal commonwealth under the crown of the united kingdom of great britain and ireland, and under the constitution hereby. The role of the high court in interpreting the constitution to protect human rights raises issues that go to the core of australian democracy. Considering that the uniform system of citation has become a basic piece of infrastructure for. How to cite the constitution in apa format pen and the pad. Section 122 of the constitution of australia deals with matters relating to the governance of australian territories. The commonwealth of australia constitution act 19001. Only we have the authority to select and elect our representatives. Footnote numbers are positioned after punctuation and appear at the end of each page of your document. The australian constitution other bibliographies cite. In the publication manual of the american psychological association 2010, 6th ed. Constitutions of the australian states should be cited as normal statues. A clear and succinct introduction to constitutional law in australia, this book comprehensively describes australia. The 1901 annotated version of the constitution by quick and garran was written quite shortly after the australian constitution was written.
Australian government solicitor, australias constitution. Aglc referencing libguides at edith cowan university. Australian legal materials referencing libguides at. The people of australia voted in referendums from 18981900 to accept the constitution. Human rights under the australian constitution george. Providing an interdisciplinary overview of australian constitutional law and practice, this handbook situates the development of the constitutional system in its proper context. Australias constitutional government lexisnexis australia. This format is for citing documents from australian bureau of statistics. With overview and notes by theaustralian government solicitor, commonwealth ofaustralia, canberra, 2010. Australian constitution political science bibliographies. When the australian constitution first came into force in 1901 at federation, there were three sections which were relevant aboriginal people although only two which made explicit reference to aboriginal people.
The australian constitution was then passed as part of a british act of parliament in 1900, and took effect on 1 january 1901. British subjects at that time resident in australia became australian citizens. Pocket constitution australias constitution pocket edition. Citations are always a bit complicated, since they change depending on what source youre getting your information from. Shop online for legal books and ebooks with a focus on constitutional law thomson reuters australia. Number commonwealth of australia constitution act 1900. This textbook considers the concepts underlying the australian constitution and explores constitutional decisionmaking in our local context. The oxford handbook of the australian constitution law. A cultural history of australias constitution 1999, the preamble is that part of the constitution laying out the hopes and aspirations of the parties involved, and, indeed, the reference to god received the strongest popular support of any part of the constitution. The book a handbook to the league of nations by sir geoffrey butler kbe lecturer in international law and diplomacy of the corpus christi college, cambridge, used by all nations as a reference to the league.
A reference guide to the united states constitution reference guides to the united states constitution wells, michael, eaton, thomas a. The australian constitution is the set of rules by which australia is run. The second, constitutional domain, addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The pocket edition of australias constitution is a handy reference for the public, students.
The australian constitution parliament of australia. Australians voted for the constitution in a series of referendums. Reviews just about the best book for nonlawyers on the nature and workings of the australian constitution i have ever encountered. The extent and terms of the representation of the territories in the house of representatives and the senate are also stated as being at the discretion of the. As helen irving has suggested in her book, to constitute a nation. These are the sources and citations used to research australian constitution. What did the constitution originally say about indigenous australians. Number commonwealth of australia constitution act 1900 pinpoint. Virtually equivalent in powers to the house of representatives. Commonwealth of australia constitution act parliament of. The oxford handbook of the australian constitution. It sets out the text of the constitution with notes to explain the effect and operation of each.
This bibliography was generated on cite this for me on tuesday, march 17, 2015. Comlaw produces official versions of australian legislation. Apr 04, 2018 as helen irving has suggested in her book, to constitute a nation. Constitution uc referencing guide uc library guides at. The australian constitution is technically section 9 of an act to constitute the commonwealth of australia. A british act was necessary because before 1901 australia was a collection of six selfgoverning british colonies and ultimate power over those colonies rested with the british parliament. The rule of law and the australian constitution irwin law. Requests and inquiries concerning reproduction and rights should be addressed to comlaw, which is managed by the office of parliamentary counsel. An act to constitute the commonwealth of australia 9th july 1900 whereas the people of new south wales, victoria, south australia, queensland, and tasmania, humbly relying on the blessing of almighty god, have agreed to unite in one indissoluble federal commonwealth under the crown of the united kingdom of great britain and ireland, and under the constitution hereby established. Australias constitution is a handy reference text for any student of law or politics.
The constitution of the commonwealth of australia may be referred to as the australian constitution, the commonwealth constitution or simply the constitution if there is no ambiguity. This fact sheet summarises the key features of the constitution and how it. An important note on citing australian legal materials. The australian constitution is divided into 8 chapters and 128 sections. The constitution is technically an act of the british parliament passed in 1900. From the book, you can see an analysis of the constitution. The handbook offers a critical analysis of some of the most significant aspects of australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which australias constitutional system. The legal basis for federation was provided by the australian constitution, which sets out the basic rules for our system of government. The australian guide to legal citation, 4th edition aglc4 is a footnoting style. Edward cullen read related entries on uncategorized, australia, australian capital territory, australian government pub. The oxford handbook of the australian constitution ebook. Australia became a nation on 1 january 1901, when the six colonies federated. View the constitution as a single document pdf 92kb.
Include the abs catalogue number after the title, if the item has one. A reference guide to the united states constitution reference guides to the united states constitution. A date is not needed for portions of a constitution currently in effect. Mar 17, 2015 these are the sources and citations used to research the australian constitution. The making and meaning of the australian constitution to students, academics and scholars of constitutional law as providing fresh insights into the. Operation of the constitution and laws see note 3 6. Read our current constitution and learn exactly what it says. Human rights under the australian constitution is a thorough and accessible work that explores the decisions of the high court on express and impliedconstitutional rights, as well as underlying themes of constitutional interpretation. Prohibition was the law of the land in the 1920s and early 1930s u. The most important is the constitution of the commonwealth of australia, which is referred to as the constitution in the remainder of this article.
Lane ph, lane s commentary on the australian constitution, 2nd ed, law book co. Please subscribe or login to access full text content. The making and meaning of the australian constitution to students, academics and scholars of constitutional law as providing fresh insights into the well traversed topic of federalism. The constitution was approved in a series of referendums held over 18981900 by the people of the australian colonies, and the approved draft was enacted as a section of the commonwealth of australia constitution act 1900 imp, an act of the parliament of the united kingdom. The australian constitution is the set of rules by which australia is governed. This book offers interpretation of what the constitution actually means in law and how different sections, once combined with each other, offer greater clarity to each section and a deeper meaning.
The australian constitution in focus parliamentary. Hanks australian constitutional law materials and commentary. These are the sources and citations used to research the australian constitution. Bills are cited in the same way as acts, except the title and year are not italicised. The first, foundations, deals with aspects of australian history which have influenced constitutional arrangements.
The book a handbook to the league of nations by sir geoffrey butler kbe lecturer in international law and diplomacy of the corpus christi college, cambridge, used by all nations as a reference to the league of nations at the time, referring to article i of the. Free in two different ways that are equally important. First, the indigo book is given to you free of charge. Public debate on constitutional issues in australia would be greatly improved if journalists, let alone the general public were to. Constitutional law provides the legal framework for the australian political and legal systems, and thus touches almost every aspect of australian life.
The full case reference should be used for both intext and endtext references. The indigo book offers a couple of important advantages to users, compared with the bluebook. This bibliography was generated on cite this for me on tuesday, february 17, 2015 book. It gives the commonwealth parliament complete legislative power over the territories. The australian constitution is an act of the british parliament. The annotated constitution of the australian commonwealth. This fact sheet summarises the key features of the constitution and how it can be changed.925 82 659 650 1247 198 578 1145 1161 23 792 1081 110 433 1362 400 1329 836 824 863 737 287 315 891 1125 830 102 877 1084 692 1144 475 1053 402 1391 204 64 1303 784 1472