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Australian Constitution

Ask questions here about the history of and laws contained in the Australian Constitution.

255 Questions

How is the constitution was both a product of it time and a document that has had enough flexibility to meet the challenegs of the future?

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The Framers constructed the US Constitution to meet the problem of the times regarding voting by all male citizens. The times also called for a central government that could not amass power in the executive branch, this would hamper anyone trying to be a king. The amendment process of the Constitution gave it flexibility to meet demands of the future. For example, the 13th amendment to abolish slavery.

How many sections in the Australian constitution?

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128 is the answer i think?

Does each state have its own tax court?

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Each state has it's own appeal process procedures. Many states do not proceed with audits for personal income taxes unless the Internal Revenue Service has done so first. This is unless something is brought to their attention. This is because most adjusted gross income comes from the Federal Return plus or minus state adjustments. For this reason, the IRS would first proceed with income or exemptions issues then the state follows.

Why was the 19 amendment of the constitution created?

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A women's suffrage amendment was first introduced in Congress in 1868. Ten years later, suffrage supporters proposed the so‐called Anthony Amendment, named for Susan B. http://www.answers.com/topic/anthony-saint, which was modeled after the http://www.answers.com/topic/amendment-xv-to-the-u-s-constitution Amendment. It provided that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." This was to become the language of section 1 of the Nineteenth Amendment, but forty‐two years were to go by before it became part of the Constitution.

Unsure of the prospects of a constitutional amendment, suffragists simultaneously resorted to litigation, with no success. Anthony was prosecuted for attempting to vote when she had no "lawful right" to do so (United States v. Anthony, 1873). http://www.answers.com/topic/virginia-minor brought a civil suit in an attempt to enforce her right to vote in national elections as a http://www.answers.com/topic/privileges-and-immunities or immunity of national citizenship. The Supreme Court rejected this argument, holding that the Fourteenth Amendment did not confer the right to vote on women any more than it conferred such a right on children, the insane, or criminals (http://www.answers.com/topic/minor-v-happersett, 1875). This result conformed to the Court's restrictive interpretation of the clause in the http://www.answers.com/topic/slaughterhouse-cases of 1873.

Impelled by women's activism in the temperance, social work, and other reform crusades, and taking advantage of the changing social environment wrought by http://www.answers.com/topic/world-war-i War I, the http://www.answers.com/topic/suffragist movement succeeded in persuading Congress to enact the Nineteenth Amendment in 1919. It was ratified on 18 August 1920.
According to the Nineteenth Amendment to the United States Constitution everyone has the equal right of voting irrespective of sex(gender).i.e Men and women have an equal right to vote.

Does Australia have a constitution that describes how the government functions?

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Yes, Australia has had a constitution for its entire history as a country which sets out the institutions and branches of government. It creates the Parliament, the Judiciary, the Executive and the like.

What is the Australian constitution?

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The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia. The Constitution was approved in referendums held over 1898--1900 by the people of the Australian colonies, and the approved draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 (Imp), an Act of the Parliament of the United Kingdom.

Royal Assent was given by Queen Victoria on 9 July 1900, upon which date the Constitution became law. It came into force on 1 January 1901 by virtue of a proclamation issued by Queen Victoria on 17 September 1900, which Her Majesty was empowered to do under section 3 of the Commonwealth of Australia Constitution Act 1900 (Imp). Even though the Constitution was originally given legal force by an Act of the United Kingdom parliament, the Australia Act 1986 removed the power of the United Kingdom parliament to change the Constitution as in force in Australia, and the Constitution can now only be changed in accordance with the prescribed referendum procedures.

Other pieces of legislation have constitutional significance for Australia. These are the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act 1986, which was passed in equivalent forms by the Parliaments of every Australian state, the United Kingdom, and the Australian Federal Parliament. The Statute of Westminster Adoption Act made Australia a de jure independent nation (though it had been de facto independent for some years before then), while the Australia Act severed the last remaining constitutional links between Australia and the United Kingdom. Even though the same person, Queen Elizabeth II, is the monarch of both countries, she acts in a distinct capacity as monarch of each.[1]

Under Australia's common law system, the High Court of Australia and the Federal Court of Australia have the authority to interpret constitutional provisions.[2] Their decisions determine the interpretation and application of the constitution.

When was the constitution of Australia made and by who?

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Australia's constitution was decided by the Constitutional Convention which met in 1897 to develop a constitution for the proposed federation. One of the NSW delegates was Edmund Barton, who later became Australia's first Prime Minister. Discussion of the constitution commenced on 22 March 1897. After not being accepted by the states the first time, the amended Commonwealth Constitution was given Royal Assent on 9 July 1900. On 1 January 1901, federation of the colonies was achieved and the Commonwealth of Australia was proclaimed.

How old were the writers of the constitution?

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They were all different ages, although a couple of them might have been the same age.

How old is Australia?

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The mainland of Australia is believed to have been inhabited for anywhere up to 42,000 years.

However, the continent only became known as "Australia" in 1824.

Australia as a country did not exist until Federation of the colonies, which occurred on 1 January 1901, with the establishment of the first Federal Constitution. On this date, the Commonwealth of Australia was born.

It is, of course, not known when the continent of Australia began to separate from Antarctica. It had been part of the Gondwana supercontinent.

Is the Australia constitution out of the date?

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A constitution is a set of principles whereby the laws of a country arecontrolled The constitution of Australia has stood us in good stead since its inception. Constitutions stop politicians from snatching power from the voters of a country and we should be very carefully that we do not give our politicians any more power then is absolutely necessary. It seems to be working fairly well at the moment. although some of the ridiculous war on terror stuff that is being imposed on us is a bit of a worry.

When was the Australia constitution created?

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Australia's constitution was decided by the Constitutional Convention which met in 1897 to develop a constitution for the proposed federation. Discussion of the constitution commenced on 22 March 1897. After not being accepted by the states the first time, the amended Commonwealth Constitution was given Royal Assent on 9 July 1900. On 1 January 1901, federation of the colonies was achieved, the Commonwealth of Australia was proclaimed, and the Australian Constitution was officially adopted.