The Aspect of Both the United States and Australian Constitution - Essay Example

Comparing and Contrasting Comparing and Contrasting Constitutions tend to vary from one nation to another. This is because the provisions of any constitution are guided by the laws of a country. Since the laws might be different between nations, then the constitutions might also be different. However, in some instances, constitutions can have similarities. The United States Constitution and the Australian Constitution have some similarities and differences. This paper will compare and contrast the United States and Australian Constitution. In the comparison, the factor to be considered is the limitation of state power. More specifically, the paper will focus on separation of powers, federalism, parliamentary sovereignty, bicameralism, bill of rights, heads of power, control of finances, and power of the electorate among others. One of the most crucial aspect of both the United States and Australian Constitution is Federalism. This aspect refers to the sharing of powers between the state and national governments. In the United States, state have existed for a long time. They were formed before the national government and it is their union that led to the creation of the federal government. Under the federal system of governance, the United States Constitution holds that the federal government has the power to oversee issues that affect America as a nation. Thus, national issues are dealt with by the federal government. The state governments only deal with issues within their jurisdiction. Under the constitution, the federal government has powers to make laws that affect the entire nation. However, the constitution limits these powers. For example, trading activities between states can be regulated by the federal government, but it has no powers to influence trade occurring within a state (Zines, 2008). The United States Constitution is similar to the Australian Constitution, which is also based on the federal system. Power is divided between the state and Federal government. The federation was formed in 1901. In Australia, there are six states. Since Australia is governed by the laws of the Commonwealth, the government is also referred as the Commonwealth government. The powers of the Federal government in Australia have been clearly indicated in Section 51 of the Australian Constitution. Most financial decisions, including those affecting the individual states, are made by the central government. Although the federal structure makes the United States Constitution similar to the Australian Constitution, there are differences in that the United States has more states than Australia. While the United States comprises of 50 states, Australia has only 6 states (Zines, 2008). The separation of powers is another aspect that can be used to explain the similarities and differences between the United States and Australian Constitution. Both Constitutions describe the separation of powers between the various arms of the government. The arms of government recognized by the Constitutions include the executive, legislature, and judiciary. Despite the similarities in the arms of the government, there are differences in the separation of powers as stipulated in both constitutions. Based on the Australian Constitution, for example, there is limited separation of powers. The Executive comprises of members of Parliament or legislature. On the other hand, the United States Constitution states that members from the House of Representatives, as well as senators cannot become holders of office in the executive arm of the government. In addition, the U.S Constitution prohibits the members of Legislature from becoming Cabinet members (Zines, 2008). In terms of parliamentary sovereignty, both the United States and American Constitutions have a parliament. The United States parliament is referred as the Congress and comprises of the Senate and a House of Representatives. In both case, the parliament is mandated to make laws, as well as pass amendments to the Constitution. The United States and Australian Parliaments have the powers to pass laws. There are, however, differences in the limitation of powers in both parliaments. The Australian Parliament can be dissolved and fresh elections called by the Queen. On the other hand, the United States Congress cannot be dissolved unless the presidential or Congress terms have ended. Thus, the United States Congress has more powers compared to the Australian Parliament (Zines, 2008). According to Zines (2008), bicameralism is another feature that can be used to compare the United Sates and Australian Constitutions. Bicameralism refers to a parliamentary system whereby the parliament comprises of two houses. In the case of the United States, the Congress consists of the Senate and House of Representatives. Similarly, the Australian Constitution recognizes the Senate and House of Representatives as institutions that make up the federal Parliament. However, there are differences between the bicameral parliaments. The bicameral Congress in the United States has more powers compared to the Parliament in Australia. This emanates from the fact that, in the Australian Constitution, the powers of both the executive and parliament are somehow confusing because of the powers shared between the two arms. The Bill of Rights is another factor that determines the differences between the United States and Australian Constitutions. According to the United States Constitution, the rights of the American citizens are protected in the first ten amendments. In Australia, there is no bill of rights and the rights of citizens are protected by the constitution. Despite the differences, both constitution can be regarded as similar in their recognition of individual rights. In addition, both constitutions acknowledge the need to uphold and protect the rights of citizens. Any violation of human rights under both Constitutions is punished severely. Both the American and Australian systems recognize the need to respect the freedom and liberty of all citizens (Zines, 2008). The Australian Constitution states that the head of power is the Queen. The Governor-General is mandated by the Constitution to exercise the powers in his control. The Cabinet and the Prime Minister also have the powers to exercise the executive powers. On the other hand, the mandate of exercising executive powers in the United States government is vested in the President. According to the Australian Constitution, the Governor-General has to oversee the activities of the Federal Executive Council. It is this council that gives advice to the Governor-General on how he ought to run the government. The Constitution does not mention the Cabinet and the Prime Minister. The Prime Minister is a party leader and is assisted by the majority members in the Parliament, more so the House of Representatives. The United States Constitution holds that an indirect ballot has to be used while electing the President. Cabinet members are appointed by the President. Senate has to approve the appointments made by the President (Zines, 2008). In both the Australian and American Constitution, the control of finances is vested in the federal government. According to the United States Constitution, the Federal Reserve, commonly referred as Fed, is mandated to control financial activities in the United States. The Australian Constitution recognizes the Reserve Bank of Australia as the central financial institution that makes financial policies. The financial system in both countries is controlled by the Federal governments. It is the federal government that regulates the activities of financial institutions such as banks. Although the governments control finances in Australia and the United States, there are differences between the two nations. The most notable difference is the limitation of powers vested in the federal government. In the United States, the federal government gives a lot of freedom to the state governments while the Australian Constitution primarily recognizes the central government as the dominant controller of financial activities (Zines, 2008). Zines (2008) asserts that the powers of the public in amending the Constitution can also be used as a basis for comparing the United States and Australian Constitution. In the case of Australia, the Parliament should first approve any changes to the Constitution. After the Parliament has approved the proposed changes, they are then presented to the public, which votes in a referendum to either pass or reject the proposed amendments. An amendment only passes if the majority of the voters vote in support of the Constitutional amendments. On the other hand, the American public has little say in the amendment of the constitution. Two-thirds of the state legislature and Congress have to agree to the amendments. If three-quarters of the legislature accept the laws, the amendments are then passed. Thus, the American system is different from the Australian system since most of the powers are accorded to the Congress. In the United States, citizens do not have powers to determine the amendments to be made in a constitution. The Australian Constitution resulted from conventions, which were held by delegates who represented the six colonies of Britain, which came together and formed Australia. The drafting of this constitution took place in 1891, 1897 and 1898. A referendum was later conducted in 1900 and this led to the passing of the constitution. On the other hand, the American Constitution was passed in 1788. It resulted from the efforts of the delegates who represented the 55 states that were present in the United Stated during that time. In both countries, the passing of the Constitutions signified the end of colonial rule (Zines, 2008). In conclusion, it is worth noting that there are numerous differences and similarities between the United States and Australian Constitution. Federalism is one of the elements that can be used to compare the constitutions. Australia and the United States both practice federalism. In addition, there are bicameral parliaments as stated in both Constitutions. In Australia, the executive powers are held by the Queen and the Prime Minister while in the United States, the powers are held by the president. Australian Citizens have the powers to amend the constitution through a referendum. On the contrary, United States citizens have limited powers to amend the constitution as most of the powers are held by the Congress. References Zines, L. (2008). The High Court and the Constitution. Sydney: The Federation Press. Read More