We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Australian Constitution - Essay Example

Comments (0)
No other constitution in the world has aroused so much debate within legal circles like the Australian constitution. Whether it is human rights or voting rights for the Aborigines, the Australian constitution appears inadequate in addressing issues if put to the litmus test…
Download full paper

Extract of sample
Australian Constitution

Download file to see previous pages... Justice M.D. Kirby (1997) succinctly highlights the difficulties in this manner: "I have elsewhere tried to point out that the Australian Constitution can be viewed as reflecting a struggle, which is still ongoing, between British and United States elements captured in its text." (The Honourable Justice M D Kirby AC CMG, 1997)
"In 1992 in Australian Capital Television Pty Ltd v Commonwealth the High Court struck down the Political Broadcasts and Political Disclosures Act 1991 (Cth) which restricted political advertising on the electronic media during Federal, State, Territory and local elections. In doing so, it recognized that the Australian Constitution contains an implied freedom to discuss political matters. This freedom was primarily derived from sections 7 and 24 of the Constitution, which respectively provide that the members of the Senate and the House of Representatives 'shall be ... directly chosen by the people'. As federal laws passed under section 51 of the Constitution are passed 'subject to this Constitution', such laws are invalid if they infringe the implied freedom" (William, George (b); 1996-97).
The reason for the High Court decision was clear. The 'implied freedom' took precedence over Political Broadcasts and Political Disclosures Act 1991. Or, the 'implied freedom' was implicitly clear while the written law was irrelevant. The Australian constitution does not guarantee freedom of speech. However, the court ruled in favor of Australian Capital Television Pty Ltd quoting 'implied freedom'. The learned judge ruled on the merits of the case. Had he ruled on the basis of the written constitution, he would have ruled otherwise (William, George (b); 1996-97).
The constitution is a powerful document. It is the overriding and supreme determinant. However, sometimes there are verdicts that appear to have little to do with the constitution. At times, they also appear to run counter to the constitution. Nonetheless, the judges are in better position to provide the ruling.
The ruling reinforces what many believe that the Australian constitution is a little more than a legal document. In other words, the Australian constitution must be taken with a pinch of salt. Does this also mean that this constitution is inconsistent and has inadequacies No responsible judge will be expected to make such sweeping remarks. However, there could be a silent consensus on what the constitution ought to be (Justice and the Rule of Law).
Disputes arise that demand a constitutional resolution. These disputes are handled by legal specialists and settled in the courts. But from time to time, controversies occur, drawing the country's attention to its constitution. These raise major national questions about whether acts of government or parliament, decisions or actions of officials are constitutional, that is, whether they are authorized by the ultimate source of law and power in Australia (Justice and the ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
Australian Law Essay
After winning sovereignty from British rule, the leaders of the young nation embarked upon creating democratic institutions and processes to ensure fairness and justice for all. They looked up to British legal history and the American written constitution to chart out a robust constitution for Australia.
4 Pages(1000 words)Essay
Doctrine of Separation of powers in Australia
The idea of “separation of powers” accepts that powers should undergo devolution into these three different branches. These include legislature, executive and judiciary (Coper & Williams, 2001). The reason for power separation is its ability to allow power to be exercised in three different ways to achieve the holistic goals of a government.
4 Pages(1000 words)Essay
Australian Taxation system
Australian Taxation system. Research done in several Australian newspapers has testified that taxation is the backbone of the Australian economy. The country’s system of government is divided into the federal government which controls all taxations that take place in the country.
6 Pages(1500 words)Essay
Australian Law
The High Court of Australia is capable to manage cases which come to it on appeal or which start in the High Court itself. Cases which entail interpretation of the Constitution or where the Court may be called upon to depart from one of its earlier decisions or where the Court thinks the principle of law involved to be one of main public importance, are generally determined by a complete Bench including all seven Judges if they are available to sit.
3 Pages(750 words)Essay
Discuss s 51(xx) of the Australian Constitution - the Corporation Power
The Australian Constitution defines the relations between the Federal and the State governments, presents fundamental guarantees in relation to religious tolerance,
11 Pages(2750 words)Essay
How can constitutional conventions be distinguished from understandings, habits, practices, laws What, if any, advantages accrue from some form of codification of conventions Discuss and compare the constitution of the United Kingdom with the cons
Generally it is the constitution that describes in detail the extent of almost all the legal liabilities, formalities, and responsibilities related to
8 Pages(2000 words)Essay
Basis for Administrative Law ( Look At Assignment Criteria )
According to the constitution, the legislature is mandated to decide on the criteria for decision making, merits review of decisions and to hold the
1 Pages(250 words)Essay
Compare constitutional protections of aboriginal rights in Canada to comparable rights protections in another country with an indigenous population
These are attempts aimed at recognizing the rights of this group on the principal of equality and consent. Various political developments in Australian in the recent past have addressed the needs of the indigenous community. A comparative view on the
9 Pages(2250 words)Essay
Comparing and contrasting
Moreover, the contrast and comparison focus on the Bicameralism, bills of rights and heads of power as reflected in the each country’s Constitution. Also, the paper critical examine the
6 Pages(1500 words)Essay
Comparing and contrasting
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
6 Pages(1500 words)Essay
Let us find you another Essay on topic Australian Constitution for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us