Changes

The way the Australian Government is organized can be looked at in two ways. The first is [[federalism]] which organizes the way powers are distributed between the Australian Government and the state governments. The second is [[separation of powers]] into legislative, executive and judiciary branches of government. The Constitution supports the separation of powers in the way it sets out the roles of the branches of government.

The way the Australian Government is organized can be looked at in two ways. The first is [[federalism]] which organizes the way powers are distributed between the Australian Government and the state governments. The second is [[separation of powers]] into legislative, executive and judiciary branches of government. The Constitution supports the separation of powers in the way it sets out the roles of the branches of government.

== The Federal Government ==

== The Federal Government ==

Section 1 of the Australian Constitution sets up a [[democracy|democratic]] [[legislature]], the [[Bicameralism|bicameral]] [[Parliament of Australia]]. This is the [[Queen of Australia|Queen]] and two houses, the [[Australian Senate|Senate]] and the [[Australian House of Representatives|House of Representatives]]. Section 51 of the Constitution sets out the Commonwealth Government's legislative powers and gives certain powers and responsibilities (known as "heads of power") to the federal government. All remaining responsibilities are kept by the six [[Parliaments of the Australian states and territories|States]]. Each State has its own constitution, so that Australia has seven sovereign Parliaments, none of which can take over the powers of any other. The [[High Court of Australia]] rules on any arguments between the Commonwealth and the States, or among the States, about their powers.

Section 1 of the Australian Constitution sets up a [[democracy|democratic]] [[legislature]], the [[Bicameralism|bicameral]] [[Parliament of Australia]]. This is the [[Queen of Australia|Queen]] and two houses, the [[Australian Senate|Senate]] and the [[Australian House of Representatives|House of Representatives]]. Section 51 of the Constitution sets out the Commonwealth Government's legislative powers and gives certain powers and responsibilities (known as "heads of power") to the federal government. All remaining responsibilities are kept by the six [[Parliaments of the Australian states and territories|States]]. Each State has its own constitution, so that Australia has seven sovereign Parliaments, none of which can take over the powers of any other. The [[High Court of Australia]] rules on any arguments between the Commonwealth and the States, or among the States, about their powers.

Before the [[Australia Act 1986]], and matching legislation in the parliament of the United Kingdom, some Australian cases could be sent to the [[Judicial Committee of the Privy Council]] for final appeal. Australian law is now only decided on in Australia, and the [[High Court of Australia]] is the highest court of appeal. The possibility of the British Parliament making laws to overturn the Australian Constitution was also removed.<ref>{{cite web |url=http://www.austlii.edu.au/au/legis/cth/consol_act/aa1986114/index.html#s1 |title=Australia Act 1986 |publisher=Commonwealth of Australia |work=Office of Legislative Drafting, Attorney-General’s Department}}</ref>

Before the [[Australia Act 1986]], and matching legislation in the parliament of the United Kingdom, some Australian cases could be sent to the [[Judicial Committee of the Privy Council]] for final appeal. Australian law is now only decided on in Australia, and the [[High Court of Australia]] is the highest court of appeal. The possibility of the British Parliament making laws to overturn the Australian Constitution was also removed.<ref>{{cite web |url=http://www.austlii.edu.au/au/legis/cth/consol_act/aa1986114/index.html#s1 |title=Australia Act 1986 |publisher=Commonwealth of Australia |work=Office of Legislative Drafting, Attorney-General’s Department}}</ref>

 

== Legislature ==

===Legislature===

 

{{main|Parliament of Australia}}

{{main|Parliament of Australia}}

The Commonwealth Parliament and all the state and territory legislatures use the [[Westminster system]]. They have a recognised [[Leader of the Opposition (Australia)|Leader of the Opposition]], usually the leader of the largest party outside the government. There is also a [[Shadow Cabinet]] of Opposition members who "shadow" each member of the Ministry, asking questions on matters about the Minister's responsibilities. The government, because it has a majority of members in the lower house of the legislature, can usually pass its legislation and control the workings of the house. The Opposition can slow down the process and obstruct government business if it chooses. The day-to-day business of the house is usually worked out between a senior Minister, who holds the title [[Leader of the House (Australia)|Leader of the House]], and an Opposition frontbencher known as the [[Manager of Opposition Business]].

The Commonwealth Parliament and all the state and territory legislatures use the [[Westminster system]]. They have a recognised [[Leader of the Opposition (Australia)|Leader of the Opposition]], usually the leader of the largest party outside the government. There is also a [[Shadow Cabinet]] of Opposition members who "shadow" each member of the Ministry, asking questions on matters about the Minister's responsibilities. The government, because it has a majority of members in the lower house of the legislature, can usually pass its legislation and control the workings of the house. The Opposition can slow down the process and obstruct government business if it chooses. The day-to-day business of the house is usually worked out between a senior Minister, who holds the title [[Leader of the House (Australia)|Leader of the House]], and an Opposition frontbencher known as the [[Manager of Opposition Business]].

== Head of state ==

====Head of state====

The [[Constitution of Australia|Australian Constitution]] was written in 1901, when the [[British Dominions|Dominions]] of the [[British Empire]] were not independent countries, and does not use the words "head of state". In practice, the role of head of state of Australia is divided between two people, the [[Queen of Australia]] and the [[Governor-General of Australia]]. The Governor- General is appointed by the Queen on the advice of the [[Prime Minister of Australia]]. Though in many respects the Governor-General is the Queen's representative, and exercises various constitutional powers in her name, they are also independently vested with many important constitutional powers by the Constitution.

The [[Constitution of Australia|Australian Constitution]] was written in 1901, when the [[British Dominions|Dominions]] of the [[British Empire]] were not independent countries, and does not use the words "head of state". In practice, the role of head of state of Australia is divided between two people, the [[Queen of Australia]] and the [[Governor-General of Australia]]. The Governor- General is appointed by the Queen on the advice of the [[Prime Minister of Australia]]. Though in many respects the Governor-General is the Queen's representative, and exercises various constitutional powers in her name, they are also independently vested with many important constitutional powers by the Constitution.

Several times people in Australia have wanted to remove the monarchy. In a [[Australian republic referendum, 1999|1999 referendum]], the Australian people voted on a proposal to change the Constitution. The proposal would have removed the [[Queen of Australia|Queen]] from the Constitution and replaced the [[Governor-General of Australia|Governor-General]] with a [[President]] nominated by the Prime Minister, but needing the approval of a two-thirds majority of both Houses of the Parliament. The proposal was defeated. The [[Australian Republican Movement]] continues to call for an end to the monarchy in Australia, opposed by [[Australians for Constitutional Monarchy]].

Several times people in Australia have wanted to remove the monarchy. In a [[Australian republic referendum, 1999|1999 referendum]], the Australian people voted on a proposal to change the Constitution. The proposal would have removed the [[Queen of Australia|Queen]] from the Constitution and replaced the [[Governor-General of Australia|Governor-General]] with a [[President]] nominated by the Prime Minister, but needing the approval of a two-thirds majority of both Houses of the Parliament. The proposal was defeated. The [[Australian Republican Movement]] continues to call for an end to the monarchy in Australia, opposed by [[Australians for Constitutional Monarchy]].

 

== Executive Council ==

====Executive Council====

 

The Federal Executive Council consists of the Governor-General, the Prime Minister and Ministers. It is a formal body which exists to give legal effect to decisions made by the Cabinet, and to carry out various other functions. Members of the Executive Council are entitled to be styled "[[The Honourable]]", a title which they retain for life. The Governor-General usually [[President of the Executive Council|presides]] at Council meetings, but a Minister with the title [[Vice-President of the Executive Council]] serves as the link between the government and the council.

The Federal Executive Council consists of the Governor-General, the Prime Minister and Ministers. It is a formal body which exists to give legal effect to decisions made by the Cabinet, and to carry out various other functions. Members of the Executive Council are entitled to be styled "[[The Honourable]]", a title which they retain for life. The Governor-General usually [[President of the Executive Council|presides]] at Council meetings, but a Minister with the title [[Vice-President of the Executive Council]] serves as the link between the government and the council.

 

== Cabinet ==

====Cabinet====

 

The [[Constitution of Australia]] does not mention the [[Cabinet (government)|Cabinet]], and its decisions have no legal force. All members of the ministry must be sworn as members of the [[Federal Executive Council]]. This council is chaired by the Governor-General and which meets solely to approve and give legal force to decisions already made by the Cabinet. That is why there is always a member of the ministry holding the title [[Vice-President of the Executive Council]].

The [[Constitution of Australia]] does not mention the [[Cabinet (government)|Cabinet]], and its decisions have no legal force. All members of the ministry must be sworn as members of the [[Federal Executive Council]]. This council is chaired by the Governor-General and which meets solely to approve and give legal force to decisions already made by the Cabinet. That is why there is always a member of the ministry holding the title [[Vice-President of the Executive Council]].

The cabinet meets not only in Canberra but also in other Australian state capitals, most often [[Sydney]] and [[Melbourne]]. Kevin Rudd said he wanted the Cabinet to meet in other places, such as major regional cities.<ref>{{cite news |title=Cutting bureaucracy won't hurt services: Rudd |url=http://www.abc.net.au/news/stories/2007/11/21/2097424.htm |publisher=Australian Broadcasting Corporation |work=News Online |date=2007-11-21 |accessdate=2007-11-28}}</ref> The [[Commonwealth Parliament Offices, Sydney|Commonwealth Parliament Offices]] in Sydney are located in [[Phillip Street, Sydney|Phillip Street]].

The cabinet meets not only in Canberra but also in other Australian state capitals, most often [[Sydney]] and [[Melbourne]]. Kevin Rudd said he wanted the Cabinet to meet in other places, such as major regional cities.<ref>{{cite news |title=Cutting bureaucracy won't hurt services: Rudd |url=http://www.abc.net.au/news/stories/2007/11/21/2097424.htm |publisher=Australian Broadcasting Corporation |work=News Online |date=2007-11-21 |accessdate=2007-11-28}}</ref> The [[Commonwealth Parliament Offices, Sydney|Commonwealth Parliament Offices]] in Sydney are located in [[Phillip Street, Sydney|Phillip Street]].

 

== Caretaker governments ==

====Caretaker governments====

 

There are times when the government acts in a "caretaker" capacity, principally in the period prior to and immediately following a general election.

There are times when the government acts in a "caretaker" capacity, principally in the period prior to and immediately following a general election.

 

== Judiciary ==

===Judiciary===

 

The Judiciary interprets the laws, using as a basis the laws as enacted and what was said in the Legislature while the laws were being passed.

The Judiciary interprets the laws, using as a basis the laws as enacted and what was said in the Legislature while the laws were being passed.

* [[High Court of Australia]]

* [[High Court of Australia]]

* [[Federal Magistrates Court]]

* [[Federal Magistrates Court]]

==Related pages==

 

 

 

== Related pages ==

* [[Australian federal budget]]

* [[Australian federal budget]]

* [[Australian Public Service]]

* [[Australian Public Service]]

== Footnotes ==

=== Footnotes ===

{{Note|signing}} Before 1931, the junior status of dominions was shown in the fact that it was British ministers who advised the King, with dominion ministers, if they met the King at all, escorted by the constitutionally superior British minister. After 1931 all dominion ministers met the King as ''His'' ministers as of right, equal in Commonwealth status to Britain's ministers, meaning that there was no longer either a requirement for, or an acceptance of, the presence of British ministers. The first state to exercise this both symbolic and real independence was the [[Irish Free State]]. Australia and other dominions soon followed.

{{Note|signing}} Before 1931, the junior status of dominions was shown in the fact that it was British ministers who advised the King, with dominion ministers, if they met the King at all, escorted by the constitutionally superior British minister. After 1931 all dominion ministers met the King as ''His'' ministers as of right, equal in Commonwealth status to Britain's ministers, meaning that there was no longer either a requirement for, or an acceptance of, the presence of British ministers. The first state to exercise this both symbolic and real independence was the [[Irish Free State]]. Australia and other dominions soon followed.

 

== Citations ==

=== Citations ===

{{reflist}}

{{reflist}}

 

== Other websites ==

==Other websites==

* [http://www.australia.gov.au Australian Federal Government]

* [http://www.australia.gov.au Australian Federal Government]

 

== Government departments ==

===Government departments===

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* [http://www.dpmc.gov.au Department of Prime Minister and Cabinet] {{Webarchive|url=https://web.archive.org/web/20201125023952/http://www2.dpmc.gov.au/ |date=2020-11-25 }}

* [http://www.dpmc.gov.au Department of Prime Minister and Cabinet] {{Webarchive|url=https://web.archive.org/web/20201125023952/http://www2.dpmc.gov.au/ |date=2020-11-25 }}