Powers Of The Australian Constitution

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CHAPTER 3
COMPARISON OF AMENDMENT POWER& PROCEDURE WITH FOREIGN COUNTRIES

“No work of man is perfect. It is inevitable that in the course of time, the imperfections of a written constitution will become apparent. Moreover, the passage of time will bring changes in society, which a constitution must accommodate if it is to remain suitable for the nation. It was imperative, therefore, that a practicable means of amending the constitution be provided.”
Thomas Jefferson

3.1 INTRODUCTION
Time is not stable. Instance changes according in the direction of necessitate of the life and the social order, the life of the nation is not stable, but dynamic, living and animate. Social traditions and principles change from time to time creating new troubles
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It came into power on 1 January 1901. The Constitution sets out rules, procedures, checks and balances for Australia’s system of government. It borrows a great deal from Westminster doctrine of representative and responsible government. In addition, it provides for a federal government system by allocating power to a national Commonwealth Government and provided that for the continued subsistence of the Australian States. The Constitution gives the Commonwealth law-making powers. The Constitution empowers the three arms of Australian command – the legislature, the executive and the judiciary. It stipulates that the legislature, which is made up of the House of Representatives and the Senate, shall be nominated by the Australian people. A learned Author said “Constitutionally speaking Australia is the frozen continent. The Constitution also establishes the High Court of Australia, which, along with being a court of final appeal, interprets the Constitution and adjudicates on conflicts arising from constitutional …show more content…
Amending acts must be explicit about what they amend or supplement to avoid backdoor changes to the Constitution. Most significantly, there is no extensive ratification process; the national parliament alone to amend the Constitution. On the features of it, this contradicts the federal principle that the rules governing the relationship between the two levels of Government must not be vulnerable to alteration by one level alone. The existence of the upper house as a true house of the state solves this problem. The delegates of the Ladnder governments vote in the Bundesrat, ensuring direct sub-national involvement in the amendment process. And lastly, there is the exclusion of definite provisions from constitutional change. Article 1 of the constitution proclaims the inviolability of the human dignity and then declares that the legislature, executive, and the judiciary shall be bound by the following catalogue of fundamental rights as directly enforceable law. Article 20 and 79 about the Lander and federal order more usually amount to a constitutional guarantee of

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