The paper "The Constitution of Australia " is a perfect example of business coursework. The constitution of Australia has always been under severe debates. The basic reason is its arrogant pronouncement of laws and inefficiencies in meeting the need of the modern commonwealth structure. Though there were lots of modifications are done yet there is hardly any point where these modifications were given much of an importance. It is always a matter of discussion in the republic debate and lots of points stand against the format and the structure of the constitution. Republican debate As the substance related to the republican structure forms the constitution of Australia the matter gets more scrutinised and the relevance is more clearly initiated by the learned population.
The Federal and all State Governments are very much concerned regarding this structural setup. The oppositions are all related to the declaration that states that the executive power of the Australian Commonwealth is out and out a domain of the Queen of the United Kingdom of Great Britain and Northern Ireland. This is creating lots of confusions and there was serious opposition to this dominance.
Australian Commonwealth Government seems to act powerless under such declarations. As a matter of fact, the republic. org states that the constitution of Australia has been declared under the referendums held over 1898 – 1900. John Faulkner notifies that this was witnessed by the people of the Australian colonies and was very much approved. It is here that a section of the Commonwealth of Australia Constitution Act 1900 (Imp), was put under the direct influence of an Act of the Parliament of the United Kingdom. Constitutional conventions As the Australian constitution doesn’ t have any declarations regarding the Bill of Rights, some delegated in the 1898 Constitutional Convention made a strong opposition to this.
They came up with the follow up of Bill of Rights of the United States Constitution. However, the judiciary found it very much inappropriate and as a result, the proposal was never initiated. The point was that the parliamentary form of Australia very much supports the UK formation and thus US intervention may cause trouble to the whole structure. As a result, there is still no Bill of Rights in the Australian Constitution.
It is thus very much criticised for its imbalanced state regarding the fragile constitutional structure. The next set of weaknesses is related to Right to trial by jury that is Section 80. it is the foreground of the judiciary that gives space for indictable offences against Commonwealth law in the country. This law is hardly a part of the serious follow-up. There are some serious limitations to this particular section. The idea that has been followed is that as a Commonwealth structure is free from offences, there cannot be any punishment that can be tried over the offender.
In the words of Justice Higgins, R vs Archdall & Roskruge; Ex parte Carrigan and Brown (1928) 41 CLR 128: "if there be an indictment, there must be a jury, but there is nothing to compel procedure by indictment". There is again this follow up of Right to just compensation – Paragraph 51(xxxi) of the Australian constitution. It is thoroughly dependable for all those cases that are under the ground of compensation for assets led by the commonwealth functionality.
John Faulkner, Constitution Day Celebrations, n.d.,
http://www.alp.org.au/media/0708/mssms090.php [retrieved on 24.09.08]
Patrick Parkinson, (2002). Tradition and Change in Australian Law. Sydney: LBC Information Services.
Tony Blackshield, (2006).Australian Constitutional Law and Theory. Sydney: Federation Press.
The Australian Constitution, n.d.,
http://www.republic.org.au/ARM-2001/q&a/qa_constitutionindex.htm [retrieved on 24.09.08]