Influences on Australia's Government

Textbook Chapter Three

Federation

From 1770-1901, Australia was governed individually by State governments (colonies), which developed as colonisers moved across the land mass. Each government had individual laws and systems. Through the 1800s there was debate about whether the States should federate and become one nation. This occured in 1901, with the Constitution of Australia Act.

The writers of the constitution were in a unique position- they did not 'win' freedom through a war, and had significant freedom to design a system of government as they pleased. The system that they devised borrowed heavily from other democratic nations. These influence are described below.

The United Kingdom

As Australia was colonised by the United Kingdom and still under the rule of the monarchy, we were always going to be heavily influenced by the British political and legal system.

Australia became a Constitutional Monarchy. The nation has it's own constitution and system of governing independant of the UK, however we remain under the leadership of the British empire.

The Westminster System

From the mother country, Australia adopted large portions of the Westminster system. Many of the structures from 'Australia's system of Government' were adopted from the Westminster system. Some key features of the Westminster system include operating under a constitutional monarchy, having a bicameral parliament, a responsible parliamentary government, and using 'westminster conventions'. Conventions are unwritten rules that are nonetheless followed closely. Examples of conventions in Australia's system of government are the Prime Minister and Cabinet. Neither of these are mentioned in the Australian Constitution, yet they form a significant role in the daily operation of government.

Common Law

Another significant feature of the Australian system of government that was adopted from the United Kingdom is common law. The common law system is used to 'fill in the gaps' of laws made by the Parliament. When no statute law exists to cover a case before the courts, the judges in the court system are able to create new laws. The first instance of this is called 'precedence.' Any time a similar case comes before the court, the proceeding judge is able to look back on this precedent as a law and make a like judgement.

The United States of America

Constitutionalism

The United States declared independance from the UK in 1776, under a decade after James Cook landed at Botany bay. Their constitution was ratified in 1788.

Australia borrowed heavily from the United States Constitution, following closely its format and style.

Bicameralism

Whilst the Westminster system includes a Bicameral Parliament, the Australian Parliament also closely resembles the United States Congress. Both nations have a lower house called the House of Representatives in which people from across the country elect people the make laws on their behalf and a Senate that represents the views of the States. This is because both nations were establishes out of colonies (states) that had their own views and politics before the central government took power. The States wanted to maintain a degree of influence, hence the establishment of the upper house representing the State's views.

Canada

A 'Washminster Hybrid'

Canada established the path that Australia would later follow- they blended political and legal systems from a number of countries to create their own hybrid system. Specifically, they blended the United Kingdoms 'Westminster' system, with the United States 'Washington' system, to create a Washminster hybrid.

Australia's system of government is sometimes referred to as a Washminster hybrid.

Switzerland

The Referendum Process

Switzerland is another democratic nation from whom Australia modelled a portion of our system of governance. A referendum is a formal vote by the nation in order to change the constitution. Our referendum process was taken from the Swiss system.

The formal wording of the Australian constitution can only be changed by a referendum. A question is put to the people and must be worded in a way that prompts a yes or no response. In order for the referendum to pass, a majority of the people and a majority of States must vote 'yes'. This is called a double majority.

The referendum process is set out in section 128 of the Australian constitution.

Influences on Australian Government Case Study

The 1999 Republic Referendum

In 1999, a referendum was put to the people as to whether we should serparate our formal ties from Britain and become a republic, much the same as the United States. It also included a second question as to whether the Constitution should include a preamble.

If successful, this referendum would significantly change Australia's system of government by removing the Queen and Governor General from Australian political life, and create a President as well as retaining a Prime Minister. It would mean that the influences on our government should shift away from Britain and be more influenced by systems such as the United States.

Both questions on the referendum failed on both total population and totla states, and Australia retained the political system that had been in place since 1901.

Read more about the 1999 referendum below.

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