Constitution of Australia

“ The Australian constitution, as interpreted by the High Court, remains a barrier against any great development of socialistic enterprise on the part of the Commonwealth Government. In its working the Australian constitution has proved the most conservative instrument of Government within the British Empire.
Industrial Disputes.—Australia has elaborate machinery in Commonwealth and state Arbitration Courts for the settlement of industrial disputes without strikes. But strikes are very frequent and do grave damage to the development of the country. ”

“ Adherence to either the American or British type of executive does not connote a corresponding similarity in other governmental respects. Australia has a British style executive in connection with an American style legislature. Moreover, Australia's written Constitution has been left unfixed in certain matters, so that, if after trial the British system of executive is found wanting, and some modification {113} shall seem better, a change may be made without the need of constitutional amendment. ”

“ Australia, where the discovery of gold in 1851 added enormously to her population, soon followed in Canada's wake, and by 1856 every Australian colony, with the exception of Western Australia, had, with the consent of the Imperial parliament, worked out a constitution for itself, comprising two legislative chambers and a responsible cabinet. ”

“ Consequently, Western Australia had not yet, in a political sense, produced great men as such an expression as understood in other Australian colonies. The old constitution, also, did not tend to improve the character of the people. They were intermittently dissatisfied, and laboured under the impression, rightly or wrongly, that they were not receiving fair treatment from the Imperial Government. The Governor might be supposed to carefully guard his public utterances, so that he should find favour in the eyes of his master, the Secretary for the Colonies. ”

“ Australasian League.
A society established in Melbourne in 1851, under the auspices of the Rev. John West, to secure “by moral means only” the abolition of the transportation of convicts to any part of the Australasian continent.
Australian Colonies Act.
An Act passed in 1849, separating Victoria from New South Wales, and providing a constitution for the new colony, as well as for Tasmania, South Australia, and (subject to the fulfilment of certain conditions) Western Australia.
Australian Commonwealth Act. ”

“ Each of the colonies must be considered in many respects a distinct province, having its own government, local laws, and customs regulations. With the exception of West Australia, they all enjoy responsible government, and that colony will no doubt have the same constitutional privileges as the others before many years. The form of government is a modification of the British Constitution, the sovereign being represented by the Governor, who is appointed by the Crown ”

“ The visit of the Australian premiers to England on the occasion of Queen Victoria’s Diamond Jubilee gave an additional impetus to federation, and in September 1897 the convention reassembled in Sydney and discussed the modifications in the constitution which had been suggested in the local parliaments. In January 1898 the bill was finally agreed to and submitted to a popular referendum of the inhabitants of each colony. Those of Victoria, South Australia and Tasmania agreed to the measure; but the majority in New South Wales, 5458, was not sufficient to carry the bill. ”

“ An Act to give force to the Constitution drafted by Australian statesmen for the union into a Commonwealth of the Colonies of New South Wales, Victoria, South Australia, Queensland, Western Australia, and Tasmania, power being reserved to New Zealand to enter the union if she so desire. The Act provides for the establishment of a central Government, with the control of the customs, postage, and certain other matters, each colony retaining its own Parliament, with power to manage its internal affairs as before. ”

“ It is an open question what was the exact state of parties, and in the light of the express original stipulation—that no convicts be sent—the opponents of the innovation were righteously indignant. They accused the English Government of wickedly breaking an oft-given pledge; of misleading original and all subsequent settlers; of initiating a dangerous principle without first obtaining the distinct opinion of the people.
Thus, although the constitution provided to the contrary, Western Australia was to be a penal settlement. ”

“ When any department of the public service of a State is transferred to the Commonwealth:
(i) all property of the State of any kind, used exclusively in connexion with the department, shall become vested in the Commonwealth; but, in the case of the departments controlling customs and excise and bounties, for such time only as the Governor-General in Council may declare to be necessary; (ii) the Commonwealth may acquire any property of the State, of any kind used, but not exclusively used in connexion with the department ”

“ Notwithstanding anything in this Constitution, the Parliament of the State of Western Australia, if that State be an Original State, may, during the first five years after the imposition of uniform duties of customs, impose duties of customs on goods passing into that State and not originally imported from beyond the limits of the Commonwealth ”

“ The chief interest of Australian politics lies in their relation to those of the Mother Country. Having imported their whole constitution and law books holus-bolus from England, each colony has been engaged ever since its foundation in fitting them to its circumstances. The legislative equipment of the young Australias corresponded pretty nearly to the tall hats and patent-leather boots which fond mothers provided for the aspiring colonists. ”

“ The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. ”

“ Adelaide, 22nd October, 1890. We all share your satisfaction that by the due proclamation of the new Constitution Western Australia has at length, amid great rejoicings, obtained that for which she has done so much and waited so long. That your term of office may be very happy and prosperous is the sincere wish of
Kintore.
From the President of the Legislative Council, South Australia.
Adelaide, 22nd October, 1890. The Legislative Council of South Australia congratulates the people of Western Australia on the proclamation of Responsible Government. ”

“ The Commonwealth Constitution is a makeshift which, as the internal trade of Australia grows and as railway communications are developed, will inevitably be amended in the direction of increasing the power of the Commonwealth and diminishing that of the States. ”

“ Canning safeguard Australia—The Natives and Martial Law—Windradine, a Bathurst Native—Brisbane forms a Corps of Mounted Police, Soldiers of Regiments—Their great Services—Australian Agricultural Company—Grants of Land by Brisbane—Lord Bathurst's Despatches—Colonel Arthur to be Governor of Van Diemen's Land—Francis Forbes to be Chief Justice of New South Wales—Judge Advocate Wylde on Judge Advocate's Functions—The Jury Question and C. J. Forbes—W. G. Wentworth—Amended Constitution Act, 9 Geo. ”

“ So soon as this was recognized, patriotic men set themselves to put things right, and the result was a Federation of the States, which is called the Commonwealth of Australia. The different States are left to manage for themselves their local affairs, but the big Australian affairs are managed by the Commonwealth Parliament, which at present meets in Melbourne, but one day will meet in a new Federal capital to be built somewhere out in the Bush—that is to say, the wild, empty country. ”

“ That government must, of course, be sufficiently strong to act with effect, to act successfully, and it must be sufficiently strong to carry the name and the fame of Australia with unspotted beauty, and with uncrippled power throughout the world. One great end, to my mind, of a federated Australia is, that it must of necessity secure for Australia a place in the family of nations, which it never can attain while it is split up into separate colonies with antagonistic laws and with hardly anything in common. ”

“ The question of Federation must occur to everyone who thinks of the future of Australia, and the problem we have to face is how far we are to regard ourselves as the people of one or of different countries. One of the charms of visiting the United States or Canada is the feeling that you are under one flag and one law, and after visiting those countries, as I have recently, the fact that Australia is divided into five divisions is forcibly brought before me. ”

“ The fact is we are dealing with a state of things which has not been in so many words provided for by the law; although I am myself of opinion that the Constitution Act and new Letters Patent contemplate the continuance of the present Executive Government until the elections shall be completed, the Legislative Council selected, and the Governor has something to guide him in deciding to whom he will entrust the formation of the first Parliamentary Ministry. ”

“ It is very injurious that we have so many laws on the same subjects in Australia; and recognising that, it is provided that a certain number of subjects shall be relegated to the Federal Parliament, and that all the rest shall remain to the local Parliament. The subjects that will be handed over to the Federal Parliament are those that the Commonwealth will be in a far better position to deal with—as the laws of the Commonwealth will have force all over Australia than the Parliaments of the individual colonies legislating in different ways. ”

“ Speaking generally, we may say that any such division which possesses a separate legislature, judicature, and executive, and is thus separately organised for the maintenance of peace and justice, is entitled to be regarded as itself a state. The Commonwealth of Australia is a true state, though merely a part of the larger state of the British Empire, for it conforms to the definition of a state, as a society established and organised for the administration of justice and for external defence. ”

“ Writing on the prospects of Australian Federation, he said: "A new generation is close upon us; the many will know no other land than Fair Australia. They will bring, let us hope, with the tie of nativity, more ample stores of knowledge, nobler capacities for patriotic service, and an imperishable love of freedom and justice. Standing before the uplifted veil, let the meanest of us breathe a fervent prayer that the Almighty may guide the young Commonwealth on the high road of her starry future ”

“ Are we to wait and judge, taking no responsibility, giving no help, doing nothing at all for our nation or for our race in this great work of laying the foundation of the future Australian nation? I feel that most of us here who are the architects of our own fortunes, have a feeling that we should share with our countrymen all over Australia the task of building up a great country on this Continent, and that we should stand shoulder to shoulder with them. (Applause,) That, however, is a question that will have to be determined by the people of this Colony on the 31st of July. ”

“ So far as other communities in the Empire or foreign nations are concerned, the people of Australia form one political community for which the Government of the Commonwealth alone can speak, and for everything affecting external states or communities, which takes place within its boundaries, that Government is responsible. The distribution of powers between the Federal and State Authorities is a matter of purely internal concern of which no external country or community can take any cognizance. ”

“ The person nominated as the first public officer of the proposed incorporated association may perform all such acts and do all such things as may be necessary for securing the incorporation of the company, co-operative, society, association, institution or body as an association under this Act, despite anything to the contrary which may be contained in the constitution or rules (if any) of the company, co-operative, society, association, institution or body. ”

“ Subject to any jurisdiction of the High Court under the Constitution, a decision by the Attorney‐General to give, or to refuse to give, a consent under section 268.121: (a) is final; and (b) must not be challenged, appealed against, reviewed, quashed or called in question; and (c) is not subject to prohibition, mandamus, injunction, declaration or certiorari. (2) The reference in subsection (1) to a decision includes a reference to the following: (a) a decision to vary, suspend, cancel or revoke a consent that has been given ”

“ If we are to become a nation, to be the great power in the Southern Hemisphere, it can only be by being federated, to be allied to one another, not only by the ties of nationality and kindred, but also by those material bonds which operated so strongly in our dealing with one another. Our aim should be to make Australia another Britain—another home for the Anglo-Saxon race. ”

“ For instance, we may all know who are the President and Ministers of the United States, or the Governor-General and Ministers of Canada, but how few of us know anything of the local Governments of the State of California, or of the Province of British Columbia? The State and Provinces are merged in the central Government and Legislature, and it will be difficult to convince the colonies of Australia that it is desirable to sink their individual prominence, and become merely a factor in the central Government. ”