Constitutional Reform
Explain and evaluate both the limits placed on Commonwealth power under the Constitution and the extension of that power through international law and elements of the Constitution. In the year 2001, The Australian nation will celebrate the reaching of a significant milestone - one hundred years of government under our present constitution. As the anniversary approaches, it is important for all Australians to reflect on the present arrangements, and consider whether the limits placed on the Commonwealth government are going to restrict Australia's ability to transform with the new millennium. Will the extension of the Federal government's power affect the stability of one hundred years of Australian government?In the nineteenth century, Australia was made up of different British colonies, with each colony able to make laws on its own behalf. As the end of the nineteenth century approached the Australian colonies started to recognise the advantages of having a federal council that could impose uniform systems of defence, immigration, banking, and currency. However, the colonies were concerned about giving up too much power; in particular the small less populated colonies did not want the more populated states to be in comple
For Example the Federal government has signed the Convention for the Protection of the World Cultural and Natural Heritage. For this reason it is necessary for the Federal Government to be in control of areas that are important on a global level. Therefore, due to section 122 of the Constitution the Commonwealth now had sovereignty over all World heritage areas in Australia. This means that if the Commonwealth make an Act through one of its exclusive powers, such as external affairs, that act overrides any state act that is inconsistent. The High Court is unable to change the words of the Constitution and yet its interpretation has begun to shift the balance of power away from the States and toward the Federal government. The powers not listed in section 51 are known as the residual powers and remain the exclusive domain of the States; they include areas such as criminal law, education and public transport. The High Court usually rules in favour of the Federal government and its general trend is to expand the meaning and scope of the Constitution. The High Court has upheld the Commonwealth's power to impose its treaty responsibilities through external affairs in rulings such as the Franklin Dams case and the Tasmanian Forests case. Globalisation is a supporting factor of the expansion of federal power. To achieve these duties the Commonwealth passed the World Heritage Properties Conservation Act. The ambiguous nature of the division of powers Federal Government gain sovereignty in areas that were originally controlled by the States. Under the external affairs power of the Constitution the Commonwealth government has the ability to sign international conventions and treaties. These powers are listed in section 51 of the Australian Constitution and are known as the "thirty nine heads of power". Over the last hundred years countries have become more reliant on international trade and produce, with many countries specialising in certain areas.
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Acceptance Essays
