Example research essay topic: The Australian Constitution And Use Of Convention - 1,417 words

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The Constitution of Australia is a written document, which came into effect when the six colonies federated to form the Commonwealth of Australia in 1901. It consists of eight chapters and 128 sections and lays down a set of laws or restraints by which the Federal Government must operate. It establishes the composition, procedures, functions, and powers of government, government authorities, such as the Governor General and other essential institutions. The Constitution is the basic framework for a civilised and well-governed Australia. However in the recent past, reason for parliamentary and federal concern has been thrust into the limelight.

In addition, there has been a growing need for judicial interpretation and the ever-present reliance on convention. The Australian Constitution has several primary features. Such aspects include the preamble and covering clauses; Chapter one which establishes the Federal Parliament and the respective roles of each house; the Federal Executive Council and provisions for the Governor General are outlined in Chapter 2; Chapter 3 covers the Judiciary and establishes the role of the High Court; in Chapters 4 through 7 other issues of the constitution are founded, particularly those pertaining to the economy; and Constitutional change in outlined in Chapter 8. The preamble is an introductory statement that outlines the sources of authority and the mission, objectives and scope of the constitution. Chapter one states that Federal parliament shall consist of the Queen, the Senate and the House of Representatives (sect 1). The Senate is designed to act as a States house, while the House of Representatives performs as the Peoples House.

Exclusive and residual powers are fore grounded and the procedure for overcoming conflict between the two houses is also outlined. Chapter 2 focuses primarily on the Federal Executive wing of government and the Governor General. Executive power is vested in the Governor General as the Head of State; there is no mention of the executive role of the Prime Minister. The composition and procedures of the Federal Executive Council are founded in this chapter also. The Judiciary are the chief concern of Chapter 3.

In this the role and foundation of the High Court is inaugurated, as well as issues surrounding appeals to the Privy Council, dealt with. Chapters 4 through 7 are written in regard to the Australian economy and trading, preservation of the states and conditions by which a new state may be started. Chapter 8, the final chapter, describes the process by which the constitution may be changed. Despite the Constitutions role as the structure of Australian political procedure and indeed the very fabric of Australian society, in the past there have been reasons for federal and parliamentary concern. The growing number of Federal powers and the diminishing number of states powers, is of immense concern to the state parliaments.

A great many Commonwealth powers, under section 51, are concurrent with those of the states, and it is by this that the Commonwealth has been able to extend its control. Section 109 states that if Commonwealth legislation conflicts with state legislation, the Commonwealth immediately takes precedence, thus encroaching on what was once state political territory. In recent years there has also been growing concern over the role and powers of the Senate. Under section 53 the Senate is not able to introduce or amend money or taxation legislation, these powers reside in the H of Reps alone. In all other aspects the Senate is on equal terms with the H of Reps.

However the Senate can simply reject, defer or refuse to pass money bills. The implications of this are massive, without the Supply Bills, there is no money for government or the Public Service. The powers of the governor general have also caused some unease. In effect the constitution give the G-G the power to be government. The man / woman has the power to dissolve government, is the commander and chief of the armed forces, appoint members of the Federal Executive Council, appoint senior government officials, assent and with hold assent on legislation and appoint Justices of the High Court. Section 90 gives the Commonwealth government exclusive control over the collection of customs and excise.

The controversy surrounding section 90 is concerned not so much with the power it gives the Commonwealth government but instead the restrictions it places on the state governments. The limited number of rights of the individual is of concern to the government as well as all Australian citizens. As citizens, we have only three constitutional rights and rely heavily on implied rights. There has been discussion as to whether a Bill of Rights should be included, much like that of the United States.

Written Constitutions, such as the Australian one, are supplemented by conventions that help shape the formal operation of politics. Conventions are rules, not laws, and thus cannot be formally enforced. In Australia many of the common conventions have been adopted from the British Westminster system. A key and vital convention to the running of this country, is that of responsible government. This implies the basic rules of politics, such as the supremacy of parliament, the executive (government) must enjoy the majority in the lower house of parliament and the Head of State acts on the Prime Ministers advice.

Conventionally the G-G does not exercise his powers, this to is also of extreme importance, for if he / she chose to disregard these conventions he / she could essentially be government (dictator). Another convention concerns casual vacancies (sect 15) where by people of the same party and faction should be sent to replace a dead or resigned senator. The Senate is also meant to pass all money bills without delay, however this too is only a convention. While conventions are vital to the running of the Australian political system, they do cause concern. An example of where conventions were being blatantly disregarded and a crisis occurred was in 1975. In 1974 the Liberal opposition refused to pass the supply bills in the senate, to counter-act this Whitlam requested a double dissolution.

The ALP won the general election, with only one seat short of a majority in the Senate. However this situation changed in 1975 when two ALP vacancies occurred in the Senate. Rather than follow convention and send two ALP members to replace them, two Liberal-voting independents were sent. During 1975 there was a scandal surrounding the Loans Affair, which led to the dismissal of Cairns and Connor. Seeing that public opinion polls were favouring the opposition (Liberal), Malcolm Fraser advised that the Senate defer the Supply Bill until a General Election was called.

Whitlam refused, believing that some of the opposition would cross the floor. However on the 11 th of November the Governor General dismissed the Gough Whitlam and appointed Malcolm Fraser as caretaker PM. Upon this the supply bills were immediately passed and a general election called. It was a landslide victory to the Coalition.

Many conventions were broken in 1975. Supply bills should be passed in the senate unless faulty; the G-G acts on the advice of the PM; replacement senators should come from the same party; the PM should call a general election if the supply bill is not passed; and the PM should have the confidence of the majority of the H of Reps. Australias heavy reliance on convention can lead to crisis as it did in 1975, this is a cause for concern in todays politics. The difficulty in changing the constitution is also of concern. To change the constitution 50 % of the population must vote yes to the question put to them and then four of the six states must also say yes. This is the only method of change.

Thus in order to change something, without as much difficulty, there has been growing popularity in the use of judicial interpretation. By re-interpreting the constitution it can become more applicable to todays society and thus serve the population of Australia better. While the constitution has served the people of Australia well in the past, it does have certain faults and by all means needs amending in some areas. Additions regarding such subjects, as Internet censorship and individuals rights would vastly improve this document, as well make it more applicable to the 21 st Century. Amending undefined areas of grey would also diminish some of the confusion surrounding the Australian Constitution. As Sir Robert Menzies once said: The Constitution is the organic last ought, in my mind, be expressed in language which is clear, simple and comprehensive.

Research essay sample on The Australian Constitution And Use Of Convention