History of our political and legal structure

1. History of our political and legal structure A Constitutional Monarch exists when a king, queen, sultan, emperor or another monarch but these powers of the monarch have often been reduced by the introduction of a system of parliament.

2. Representative democracy • Australia is a representative democracy. In this political system, eligible people vote for candidates to carry out the business of governing on their behalf

3. Key values of our Representative democracy • freedom of election and being elected • freedom of assembly and political participation • freedom of speech, expression and religious belief • rule of law • basic human rights.

4. Features of Australia’s democracy • The Australian Constitution written federal constitution that provides the basic rules for the operation of the nation • The Australian Federation Australia is a federation whereby power and authority is shared between federal and state parliaments, governments and courts • Australian parliaments • Composition of the Federal parliament The federal House of Representatives has single member representation • The Judicature The judicature refers to those employed in the administration and dispensation of justice.

5. Learning activity • Explain if you think the key features best represent us as a nation. • Justify why it’s important we are a representative democracy

6. Our History • Australia’s political and legal structures have been influenced by its historical links to the British Empire. • Prior to the twentieth century the Commonwealth of Australia did not exist. • Instead, there were six separate British colonies in Australia, each with a parliament able to make law. • By the late 1800s, many colonists felt it was time to unite as one nation.

7. Why the colonies joined We became a nation to strengthen: • Australia’s defence • Simplify immigration, rail transport and tariffs • Resolve trade issues.

8. The Colonies Becoming a Federation • The Commonwealth of Australia Constitution Act (UK) was passed in 1900. This document established the Commonwealth Parliament as a central law-making body. • It lists the law-making powers of ‘national’ interest, which the colonies agreed to give to a Commonwealth Parliament, such as coining money and imposing taxes. • The colonies, now known as states of Australia, retained the right to make law in all other areas in their own right or in a shared capacity. • The states and Commonwealth share the power to make laws on taxation, but other areas such as education are a state power.

9. The role of parliament • Parliament’s main task is to make laws. • The men who wrote the constitution decided that the new Commonwealth parliament, whose laws would apply to all of Australia and not just a particular colony, would consist of:- Britain’s monarch (king or queen),- GOVERNOR- GENERAL would represent the Monarch- Senate (upper house) RED - House of Representatives (lower house) GREEN

10. Key features of the Constitution The Constitution describes the key features of the Australian federal system, including: • the basic rules for the operation of the federation and the powers of the federal Parliament • a federal government which governs the nation • separate state governments, constitutions and laws which govern the individual states • power and authority that is shared between federal and state parliaments, governments and courts • a bicameral system with: ◦single member representation for the House of Representatives. This system is designed to elect major parties and support efficient government. • multi-member representation for the Senate. This system elects 12 senators for each state and is designed to protect the interests of the states. • the High Court of Australia, which is the final court of appeal. The High Court interprets the Australian Constitution and resolves legal disputes between the Australian Parliament or government and the states.

11. The constitution and law • For a law to be created, it must be approved by all three sections of parliament. • Laws are created in this way: a bill is agreed on by voting in both houses of parliament- the House of Representatives and the Senate- and is then approved by the governor-general. • In this way a bill becomes an Act of Parliament and so becomes part of the laws of the country.

13. How we can change the constitution

14. Referendum A public ;yes’ or ‘no’ vote taken on a question of government or law The constitution is the document which sets out the rules of the Commonwealth Constitution

15. Glossary Effectiveness of laws

16. Role Play Activity Class referendum on each of the following: 1) Legalise gay marriage in Australia 2) Legalise cannabis in Australia 3) Allow casual free days at MRC 4) Australia to become a republic

17. Learning activity 1 • Why is Australia known as a constitutional monarchy? • What role does the governor-general play? • What is the constitution? • How can the constitution be changed? • Do you believe the constitution is important to Australia? Explain why.