What was Australia prior to federation in 1901?
Each state was a separate British colony operating independently with their own governments, parliaments, military and tax systems. The states traded and conducted business with each other.
What are the reasons for federation?
trade, defense, immigration, communication, industrial relations, nationalism
What was the issue with trade?
- States were divided as Vic and WA had large tariffs whilst NSW had free trade
- Barriers to trade caused delay and held back development
- It was argued that free trade between the states would improve the economy and strengthen areas of production
What was the constitutional response to trade?
Trade is now a federal power under s51(1) and s92 protects the freedom of trade between the states.
What was the issues with national defence before federation?
- Expansion of France/Germany into Pacific in late 19th C
- SA built Fort Largs in response to fear of Russian invasion
- States had small ineffective defence forces
What was the constitutional response to the issues of defence?
Defence a federal power under s51(6)
What were the issues with immigration before federation?
Concerns over cheap Pacific Island labour and also Asian immigration (see Gold rushes and landings at Robe).
How were issues with immigration responded to within the constitution?
Immigration a federal power under s51(27). One of the first acts of the new federal parliament was the Immigration Restriction Act 1903 (Cth.)
….. Otherwise known as the White Australia Policy
What were the issues with communication prior to federation?
- Communication: concern over uniform postal and telegraphic services
- For ease of transport especially as it pertained to defence and railways (s51(32) and (34))
What was the constitutional response to issues with communication?
Communication a federal power s51(5)
What were the issues with industrial relations prior to federation?
During the 1880s unions became more militant: maritime and shearers’ strikes in late 1890’s.
The union movement supported federation because a central government could set minimum wages.
What was the constitutional response to issues with industrial relations?
(s51(35)) the arbitration power of the federal government.
What were the issues with nationalism prior to federation?
- Most people (other than Aboriginal and Torres Straight Islanders) spoke English.
- As time passed, and more people were born in Australia, they identified less with England and more as Australian.
- Sir Henry Parkes (Father of Federation) made an address at Tenterfield in 1889 “a nation for a continent and a continent for a nation”
What was the constitutional response to issues with nationalism?
Common currency, uniform banking laws, uniform weights and measures (Sec 51).
Why did it take so long for the colonies to federate?
- Geographical distance made it very hard to communicate and meet.
- 1850’s self-govt colonies unwilling to relinquish this power so soon after getting it.
- Fear of NSW and Vic dominance (especially Tasmania & WA). The colonies were not used to co-operating with each other. They often created trade barriers to increase their own prosperity. They deliberately built different size railroad tracks so that people had to stop at the border.
- Colonial Pride- Each of the colonies were proud of their system of government, and were happy to operate independently.
Who authored the constitution?
Alfred Deakin (VIC)
Henry Parkes (NSW)
Edmund Barton (NSW)
Samuel Griffin (QLD)
John Quick (VIC)
Sir Robert Garran (TAS)
Andrew Inglis Clark (TAS)
John Forrest (WA)
Charles Kingston (SA)
Most of these men went on to hold significant roles in Australia’s first government.
Later, some became the first judges appointed to the High Court of Australia.
What were the 5 stages of the process of federation?
- pre-convention stage
- The australian conventions
- colonial ratification
- British approval
- proclamation and inauguration
What happened in the preconvention stage?
- 1847 Earl Grey encouraged a central law-making body
- 1867 Canada federated
- 1885 Federal Council attempted
- 1888 Edwards report into defence
- 1889 Parkes’ Tenterfield address
What happened in the Australian Conventions stage of federation?
- 1890 - australian federation conference
- 1891 - national australasian convention
- 1893 - corowa conference
- 1895 - Premiers conference
- 1897 - 2nd Australasian Federal Convention
What happened in the colonial ratification stage of federation?
- 1898 - referenda successful (except NSW)
- 1899 - premiers conference to address concerns
- 1899 - new round of referenda successful except WA
What is a referendum?
a general vote by the electorate on a single political question which has been referred to them for a direct decision.
What referendums were held in the lead up to federation?
- Colonial parliaments passed the draft constitutions.
- Referendum was held in 1898. NSW did not obtain sufficient majority.
- 2nd referendum in 1899 passed.
(except WA did not hold one until July 1900!)
What happened during the British approval stage of federation?
- 1899 - constitution bill presented to British parliament
- concessions demanded: colonial laws validity act 1865, appeal to privy council
- 1900 - constitution bill passed by house of commons
what happened during the proclamation and inauguration stage of federation?
- July 1900 - Queen Victoria signs the proclamation of the constitution bill. Later in the month, WA passes a state referendum allowing them to become an original state
- Jan 1901 - Commonwealth inaugurated in centennial park sydney
- May 1901 - Federal parliament sits for the first time
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The Australian Legal System51
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Judicial Independence20
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Parliament108
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Legislation81
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Delegated Legislation40
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Court Hierarchy and Case Law132
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Diverse Groups in Lawmaking17
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Supervision of Lawmaking53
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Evaluation of Lawmaking Systems33
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Impact of the Judiciary6
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Introduction to the Adversary System58
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Jury Systems54
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Rules of Evidence and Procedure26
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Underlying Principles of the Criminal Law System11
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Resolving Disputes with Trial (Criminal)86
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Alternative Dispute Resolution28
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Underlying Principles of the Civil Law System10
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Inquisitorial System13
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Inquisitorial System in France and Germany9
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Diverse Groups, Access to Justice, and the Adversary System41
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Evaluation of Justice Systems18
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Federation39
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The Underlying Principles and Key Features of Australia's Constitutional System26
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Transfer of Powers19
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The Role of the High Court25
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The Constitution and Australia's Relationships with Other Countries73
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Diverse Groups and Individuals in the Australian Community and the Constitution52
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Bill of Rights12
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Evaluation of Australia's Constitutional System33
