Current location - Music Encyclopedia - Chinese History - The History and Background of Australian Constitution
The History and Background of Australian Constitution
The Historical Background of Australian Constitution

Transfer of power

0 years ago, Australia was a dominion of the British colony. 1850 "Australian colonial government act" is the main regulation for transferring power to colonies. The Act establishes the Legislative Council and empowers it to stipulate the privileges and qualifications of local legislatures and members of the legislature. The bill also gives these legislatures universal power to make laws for "peace, welfare and good governance in the colonies", including the power to amend their respective constitutions. New South Wales, Victoria, South Australia and Tasmania have also drafted constitutions and established bicameral legislatures accordingly. According to the Committee's order stipulated in the New South Wales Constitution Act (1855), a bicameral legislature was established in split Queensland in 1859. Western Australia gained autonomy in 1890.

Since 1855, the British Parliament has passed many bills, allowing the Australian legislature to take action against the unexpected events attached to the former "British Empire Policy". The most important of these bills is the Colonial Legal Validity Act of 1855, which stipulates that colonial laws are not considered invalid because they are inconsistent with English laws, including no laws or basic English laws. Invalidation will lead to the inconsistency between the laws enacted by colonial legislation and the British laws or regulations applicable to colonies. Because only a few British laws are applied in the colonies, and because the colonial legislature has the universal power to formulate peace, welfare and good governance, it will not be prevented from exercising its power in the British legislature or the colonial constitution, so the colonial legislature is the highest legislature in the British sovereignty consciousness.

As the gold craze of11950s led to the influx of new population, the subsequent economic development, the expansion of voting rights and the pressure of democratic reform began to form, which were resisted by conservatives who wanted to retain special political status for property. By 1900, although all the colonies adopted secret ballot, and all citizens aged 2/kloc-0 had the right to vote, the completion of this task was uneven in the political and constitutional development.

The idea of leaning towards federalism

During the period when the six colonies were independent from Britain, some voices demanded that there should be a need for concerted action or even a formal alliance among the colonies according to geographical conditions, the same ancestors and culture, foreign and national defense affairs, economic interests and practical convenience. However, there has been no substantial progress. For the first time, colonialists established representative and responsible governments in several colonies, and almost doubted the Australian authorities because power was controlled by London. Henry is the most famous and frequent advocate of Australian federal form. Parks (18015-1896), who described this form as a huge self-education think tank Titan (a legendary member who once ruled the world). From 1854 to 1896, he worked in the New South Wales Parliament, becoming a minister several times and a prime minister five times. Another advocate of the Federation was Sumer. Walker Griffith (1843- 1920) entered the Queensland Parliament from 1872 and served as a minister for many times. Parks and Griffith were the first people to lead the federal movement: Parks provided lectures and Griffith provided constitutional knowledge.

1883 Six Australian government meetings were held in Sydney to discuss the concerted actions of France and Germany to colonize and acquire wealth in the South China Sea. The meeting agreed to set up the Commonwealth Council of Australia, consisting of two representatives from each autonomous colony and one representative from each British colony. It has the right to deal with maritime defense, relations with Pacific islands, the influx of criminals and joining colonies. However, the Committee has no independent financial resources and no administrative power. The British Parliament promulgated the Australian Federal Council Act 1855, which provided a legislative framework for the emergence of federalism. However, the Federal Council did not achieve its goal. New South Wales and New Zealand did not join the Federal Council. South Australia 1889 joined, only one in two years. Parks initially agreed with the Federal Council, but later he changed his mind because he needed a stronger federation. However, the Committee was able to bring the colonial leaders together for discussion, which proved the necessity of establishing a strong federation. If Australia wants to be a country, federalism is an unchangeable type.

Up to now, Australian political veteran Parks has called on the Australian government to consider the necessity of establishing a true federalism at a meeting. His positive suggestions led to the meeting 1890 in Melbourne in February. Representatives from six regions of Australia and the Government of New Zealand attended the meeting. This is an extremely important party. After emphasizing the importance of establishing a colonial alliance, the meeting, under the leadership of the legislature and the government, required members of the legislature and the government to be nominated and appointed by their representative organs, and attended the meeting to consider and report on the federal constitutional plan.

On March 2nd, in Sydney, Parks chaired a meeting as the chairman. The meeting called for the establishment of a new bicameral parliament and a responsible government composed of political parties, which have a majority of seats in the House of Commons. The meeting suggested that the governor should be a symbolic head of state and the federal court should hear all litigation cases in Australia. The federal authorities have been given special powers that are not clearly defined by the States. The draft constitutional bill was formally adopted on April 9.

However, due to the economic depression and the bankruptcy of the bank of 1890- 1895, politicians paid attention to it and the federal thought lost its vitality. Labor leaders also doubt the federal plan, because they think federalism is the passion of the middle class to pursue capitalist goals. Of course, the reasons for federalism have not completely disappeared. It keeps its vitality through mass sports, which is an education and publicity campaign in a sense. Barton's federalist alliance and influential leader John. The Australian Citizens Union led by Quick keeps the federal cause alive. 1893 July 3 1 day, the federal congress was held in Collova. The meeting decided that the meeting should be convened by representatives elected by universal suffrage. Accordingly, the second Australian National Conference was held in Adelaide on March 22nd, 1897. Congress elected Kingston as governor and Barton as leader. Barton put forward a series of general resolutions. These resolutions are very similar to the parks in 189 1. The resolution of March 3 1 appointed a committee to deal with the Constitution, the financial bill and the judicial bill. All the members of this meeting have a division of labor in the Committee. The Constitutional Committee is the most important, and Barton was appointed to preside over the work of the drafting committee. The Committee submitted its report on April 8 and 12, and Barton introduced the draft to the conference. The meeting adjourned on April 22nd. The congress enabled the five participating states to consider the draft constitution. 1897 On September 2, the General Assembly reconvened to consider the state proposals and adjourned again on September 24. 1898 65438+/kloc-0 reconvened on October 20th, and the last meeting ended on March 17. In this way, a federal bill was formally passed and sent to a referendum.

The bill was first voted in referendums in Victoria, South Australia and Tasmania. The bill was not passed in a referendum in South Wales. 189165438+1held a meeting of state premiers in Melbourne from October 29th to February 2nd to discuss the deadlock. The opposition parties in New South Wales put forward some demands, so they had to make corresponding amendments to the drafting of the bill, and then held new referendums in New South Wales, Victoria, South Australia and Tasmania from April to July. 1899 was passed by an overwhelming majority. Queensland held a referendum in September, 1899, which was also passed by a narrow majority. Western Australia also asked for some concessions. In this regard, the British government hinted that even if Western Australia does not agree, it should negotiate and pass the federal bill on a voluntary basis.

Create a Federation

1900 in March, the delegates arrived in London and put forward the draft constitution. Joseph the colonial giant. Chamberlain submitted the Australian Federal Constitution Bill to the British Parliament on March 1900. The bill was finally passed on July 5th, 1900, and was approved by the Queen on July 9th. At the same time, the Western Australian Parliament also passed the bill. On July 3 1 day, its voters passed the referendum. 17 In September, the Queen announced that the Commonwealth of Australia was established on September190117, with the original six colonies in Australia as the earliest states of the Commonwealth. The current constitution of Australia is the Commonwealth Act of Australia 1900, which is amended from time to time as a constitutional amendment.