We may have our views on the Australian Constitution and its legal / lawful standing.
Some may say that it did not get Royal Assent.
Some may say that Queen Victoria, went blind and did not sign off on it.
Some may even say that because she was a 'root rat' she contracted syphilis and lost the plot.
One thing is definitely true that being that her great great grand children are married and fornicated to produce offspring by the names of Charles, Anne, Andrew and Edward.
In inbred breeding program was not confined to the Isles, but also included the mainland of Europe.
Blood 'thinners' the like of Dianna, Mary and Kate ensured the retard factor was kept at bay.
But back to the topic at hand.
Irrespective of the 'corporate' status of this 'default' government, the Australian Constitution is recognised in official documentation.
A current print (15 July 2015) from the PARLIAMENT of AUSTRALIA's web site address of:
http://www.aph.gov.au/About_Parliament/Work_of_the_Parliament/Forming_and_Governing_a_Nation/parl
is available for download (3 pp and 107KB) at:
https://drive.google.com/file/d/0B21_coIgIYu2Rms3aU5TM3loTWM/view?usp=sharing
Containing the following information:
Parliament An Overview
The Australian Constitution of 1901 established a federal system of
government. Under this system, powers are distributed between a national
government (the Commonwealth) and the six States (three Territories -
the Australian Capital Territory, the Northern Territory, and Norfolk
Island have self-government arrangements). The Constitution defines the
boundaries of law-making powers between the Commonwealth and the
States/Territories.
The Constitution: Full Description
(HTML version)|
PDF]
The Parliament is at the very heart of the Australian national
government. The Parliament consists of the Queen (represented by the
Governor-General) and two Houses (the
Senate and the
House of Representatives). These three elements make Australia a constitutional monarchy and parliamentary democracy.
There are five important functions of parliament:
- to provide for the formation of a government;
- to legislate;
- to provide the funds needed for government;
- to provide a forum for popular representation; and
- to scrutinise the actions of government.
Proposed laws (known as Bills) have to be passed by both Houses and be assented to by the
Governor-General
before they can become Acts of Parliament. With the exception of laws
relating to revenue and taxation (which must be introduced in the House
of Representatives), a proposed law can be introduced in either House.
Changes to the
Constitution
involve action by Parliament and the people. Both Houses of Parliament
must agree on a proposed change, or if agreement cannot be reached, the
Governor-General
can present a proposal to the people. For a proposal to succeed, it
must be favoured by a majority of voters in a majority of the states,
and by a majority of voters overall.
[
House of Representative Infosheet No. 7 - Making Laws |
Senate Brief No. 8 - The Senate and Legislation]
The Governor-General is appointed by the Queen on the advice of the
Prime Minister.
The Governor-General performs a large number of functions which are
defined by the Constitution, but fall roughly into three categories:
constitutional and statutory duties, formal ceremonial duties, and
non-ceremonial social duties. On virtually all matters, however, the
Governor-General acts on the advice of the Ministry.
The Senate has 76
Senators
- 12 are elected for each of the 6 states, and 2 each for the
Australian Capital Territory and the Northern Territory. State Senators
are elected for 6 year terms, territory Senators for 3 year terms.
Historically, the Senate has been regarded as a State's House: the
States enjoy equal representation in the Senate, regardless of their
population, and State matters are still important to Senators.
The modern Senate is a very powerful Chamber. Bills cannot become law
unless they are agreed to in the same terms by each House, except in
the rare circumstances of a double dissolution followed by a joint
sitting of both the houses
The Senate has a highly developed
committee system and Senators spend much of their time on committee work.
The House of Representatives has 150
Members - each representing a separate electoral division. Members are elected for terms of up to 3 years.
The most distinctive feature of the House is that the party or group
with majority support in the House forms the Government. The
accountability of the Government is illustrated every sitting day,
especially during
Question Time.
Members have many other functions. They are involved in
law making,
committee work and in
representing their electors.
The
Prime Minister is appointed by the
Governor-General, who by convention under the
Constitution, must appoint the parliamentary leader of the party, or coalition of parties, which has a majority of seats in the
House of Representatives. This majority party becomes the government and provides the ministers, all of whom must be members of Parliament.
The Federal Executive Council, referred to in the
Constitution, comprises all ministers, with the
Governor-General
presiding. Its principal functions are to receive ministerial advice
and approve the signing of formal documents such as proclamations,
regulations, ordinances and statutory appointments.
Australia operates under a Cabinet system of government.
The Cabinet,
not mentioned in the Constitution, is the key decision-making body of
the government and comprises senior Government Ministers. The decisions
of Cabinet are given legal effect by their formal ratification by the
Federal Executive Council.
[
Australian Commonwealth Government]
The
Constitution provides for the establishment of the
High Court of Australia
and such other courts as Parliament may create. The judges of the High
Court are appointed by the Governor-General in Council (acting on advice
of the Federal Executive Council).
The functions of the High Court are to interpret and apply the law of
Australia; to decide cases of special federal significance including
challenges to the constitutional validity of laws; and to hear appeals,
by special leave, from Federal, State and Territory courts.