Compare and Contrast - Coursework Example

Compare and contrast May 8, Compare and contrast Introduction Constitutions are one of the sources of law in national jurisdictions and override other sources of law. Differences, however, exist in constitutions and stipulate diversity in governance structures. The constitution of the United States and that of Australia illustrate the difference and this paper discusses similarities and differences in the two constitutions’ provisions for limiting state powers. Federalism The Australian Constitution provides for separation of powers between the central government and state government. Section 51 states that the Parliament shall respect laws and judicial decisions of all Commonwealth states. The Commonwealth parliament must therefore not make laws that undermine state laws. It has no authority over state judiciaries, but Commonwealth law prevails in case of inconsistency between state and Commonwealth laws (The Parliament of Australia, n.d.). The United States’ Constitution also recognizes federalism but states are more controlled by the federal government. Section 4 of Article IV establishes and guarantees republican government at each state of the nation and structure of state governments resemble that of the federal government. States in Australia also have authority to make laws and govern themselves. However, in the United States, the Congress has authority over state legislations and records (The Charters of Freedom, n.d.). Separation of powers The two constitutions provide for separation of power but differences exist within the structures. The legislature is one of the branches and in the Australian Constitution. The Queen, whom the represents, is a member of the Congress and plays active roles. Under the United States constitution, however, the president is not a member of the legislature. Only the deputy president is a member, is the president of the Congress, and his decision-making role is limited to voting in case of a tie. The Queen heads the executive arm of the Australian government, though the Governor General exercises the queen’s authority. The President, however, heads the executive arm of the United States’ government and is directly responsible for the arm. While the United States Constitution grants the parliament vetting powers over the president’s decisions such as appointment of public officers, the Australian Constitution reserves the appointing authority to the executive. This difference extends to the judiciary in which the governor general appoints high court justices (The Parliament of Australia, n.d.; The Charters of Freedom, n.d.). The constitution of the United States, therefore, identifies real separation of powers, unlike that of Australia. The Australian executive, through the governor general, has authority over appointment of major judiciary officials and this can influence the officials’ ability to check authority of the executive. In addition, the governor general plays an active role as a member of the legislature. Separation of power under the United States Constitution, however, restricts authority of the executive. It gives the legislature and the judiciary enough authority for checking the executive (The Parliament of Australia, n.d.; The Charters of Freedom, n.d.). Parliamentary sovereignty Constitutional provisions for separation of powers between arms of the government identify sovereignty of the parliament under the United States Constitution but not under the Australian Constitution. The constitution grants the Queen who is the head of the executive arm, and through the governor general, authority over the Parliament as the governor general controls the Parliament’s calendar and can dissolve the parliament at will. The Parliament further has authority over composition of, and election process for, senators and the governor general’s influence over the parliament can extend to influence composition and election of the legislators. In addition, the governor general certifies elected senators and could deliberately refuse to certify a democratically elected senator. On the contrary, the United States Constitution stipulates numbers of senators from each state and the mode of elections for the legislators. The constitution also specifies numbers and election of members of the House of Representatives and these means freedom from authority of the executive. Even though the Vice President of the United States is a member of the Senate, the Constitution does not grant him powers over the house as the Australian constitution grants the Governor General. Each house of the United States’ Congress is further sovereign, while the Australian Senate appears to be at risk of control by the House of Representative. The United States’ constitution, therefore, establishes sovereignty of the parliament than does the Australian constitution (The Parliament of Australia, n.d.; The Charters of Freedom, n.d.). Bicameralism The two constitutions are similar in their bicameralism provisions. Section one of the United States’ Constitution establishes the Senate and the House of Representatives as bodies of the legislature. The Australian Constitution also establishes the two houses. It recognizes the Queen, through the governor general, who is absorbed in the two houses (The Parliament of Australia, n.d.; The Charters of Freedom, n.d.). Bill of rights The Australian Constitution makes no provision for fundamental human rights, unlike the United States’ whose numerous amendments provide for the rights. The first amendment, for example, protects people’s rights to religion through res. The amendment states that the Congress cannot make a law that establishes a religion or one that undermines an existing religion. The second amendment offers right to individual armament, the third prohibits quartering of soldiers, while the fourth amendment protects people’s right to privacy through restricting unreasonable searches and seizures. Other amendments to the constitution provide for fair trial, inexhaustibility of enumerated rights, and delegated power to citizens (The White House, n.d.; The Parliament of Australia, n.d.). Sovereignty of the Constitution establishes significance of the difference between the Australian and the United States’ constitutions on bill of rights. While Australian laws provide for human rights, they cannot override constitutional provisions that could undermine such laws. Concentration of powers in the hands of the executive arm could also influence establishment of laws against human rights and these can be enforced because the scope of bill of rights does not supersede such sources of law. The Australian constitution, therefore, undermines bill of rights, unlike the United States’ constitution. Heads of power The president is the sole head of power in the United States, though power is distributed across three branches. While the executive power is vested in the president, power of the judiciary and the legislature is vested in institutions. Judicial power is vested in the Supreme Court while legislative power is vested in the Senate and the House of Representatives. The same centers of power are identified in the Australian constitution. Executive power is vested in an individual, the Queen, and the governor general enforces it, while judicial power is vested in the Supreme Court, and the legislative power is vested in the parliament (The Parliament of Australia, n.d.; The Charters of Freedom, n.d.). Control of finances The two constitutions vest control of finances in the legislature that shall make laws on sources and utilization of finances. Article I section eight of the United States grants the Congress authority to determine and collect tax and other revenues such as duties. The Congress also provides for national necessities such as defense, and borrows on behalf of the nation. The Australian Constitution establishes the same powers for the legislature for sourcing for finance and allocating available finance to public utilities. Section 51 of the Constitution gives the legislature powers to create legislations on tax, revenues from international trade, and borrowings. The Congress also provides for such services as postal and military services (The Parliament of Australia, n.d.; The Charters of Freedom, n.d.). Power of the electorate to amend the Constitution The Australian Constitution grants citizens the power to amend the constitution through a referendum, after approval of proposed amendments by both houses while the United States’ Constitution restricts the power to amend the constitution to legislators. The legislators’ positions as the people’s representatives identify people’s power in amending the Constitution but such power is not direct (The Parliament of Australia, n.d.; The Charters of Freedom, n.d.). Role of President/ Prime Minister The President, Under the United States’ Constitution is the head of the executive arm of the government, is the commander in chief of the armed forces, and with approval of the Congress, appoints high-ranking officials such as ambassadors. The Queen, under the Australian Constitution, however, does not exercise any executive powers. Such powers are vested in the Governor General who works on behalf of, or under advice from the Queen (The Parliament of Australia, n.d.; The Charters of Freedom, n.d.). Admission of new States Both constitutions grant their parliament power to admit new states. Section 3 of Article IV of the United States’ Constitution and section 61 of the Australian Constitution make the provision. No state can be created from existing states under the United States’ constitution. The Australian Constitution, however, allows for creation of states from existing ones (The Parliament of Australia, n.d.; The Charters of Freedom, n.d.). Conclusion The two constitutions have similarities and differences. They both provide for federalism but the United States federal government has greater authority over state governments. While the constitutions provide for separation of power, the Australian Constitution grants more authority to the executive than does the United States Constitution and this further undermines sovereignty of the Australian Parliament. Both constitutions establish bicameral parliaments but unlike the United States’ Constitution, the Australian Constitution makes no provisions for bill of rights. The two constitutions make similar provisions for centers of power and control of finances, but Australian constitution allows citizens direct authority to amend the constitution, unlike the United States’ constitution. The president of the United States exercises constitutional powers while the Governor General acts on behalf of Australian Queen. Though the constitutions allow for admission of new states, no state can be created from existing states in the United States, unlike in Australia. References The Charters of Freedom. (n.d.). Constitution of the United States. Retrieved from: http://www.archives.gov/exhibits/charters/constitution_transcript.html. The Parliament of Australia. (n.d.). The Australian constitution. The Parliament of Australia. Retrieved from: http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution. The White House. (n.d.). The constitution. The White House. Retrieved from: https://www.whitehouse.gov/1600/constitution. Read More