Constitution of Australia

The Constitution of Australia consists of a number of documents. The most important of these is the Constitution of the Commonwealth of Australia. The text of the Constitution was originally a schedule to the Commonwealth of Australia Constitution Act 1900 (in full, An Act to constitute the Commonwealth of Australia), an Act of the Parliament of the United Kingdom. But since Australia is now a fully independent country, the text of the Constitution is now regarded as being fully separated from the text in the original Act. Only the Australian people can amend the Constitution, by referendum. Even if the United Kingdom Parliament were to repeal the Commonwealth of Australia Constitution Act 1900, it would have no effect on Australia.

Related Topics:
Parliament of the United Kingdom - Referendum

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Certain other pieces of legislation have constitutional significance for Australia. These are the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act, which was passed in equivalent forms by the Parliaments of every state, the United Kingdom, and the Commonwealth. These Acts had the effect of severing all constitutional links between Australia and the United Kingdom, except for the fact that the same person, Queen Elizabeth II, is the head of state of both countries. The only United Kingdom law which today has application for Australia is the law governing the succession to the throne (and even the applicability of this has never been tested).

Related Topics:
Statute of Westminster - Statute of Westminster Adoption Act 1942 - Australia Act - Queen Elizabeth II

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A number of cases before the High Court of Australia, which has the authority to interpret constitutional provisions, have also had an influence on the development of the Constitution.

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