Government and the law in Australia
The Australian Constitution
The Australian Constitution is Australia's founding legal document. It sets out the basic rules for governing the country, including Parliament, government powers and how constitutional change must be approved.
Last reviewed 2026-06-19
Australia's founding rules
The Constitution came into effect when Australia federated in 1901. It sets out the framework for the national system of government rather than listing every ordinary law that Parliament can make.
Government power has a framework
The Constitution establishes Parliament and divides important powers within government. It helps explain why national institutions have defined roles and why states remain part of the Australian system.
Changing the Constitution
The Constitution can be changed only through a referendum with a double majority. This is more demanding than passing an ordinary Bill because constitutional change affects the country's foundational rules.
Key facts
- The Constitution is Australia's founding legal document.
- It came into effect with federation in 1901.
- It establishes the framework for national government.
- A referendum with a double majority is required for constitutional change.
Common mistakes
- Calling every law in Australia part of the Constitution.
- Thinking Parliament can change the Constitution by an ordinary vote alone.
- Confusing federation with a referendum.
Important vocabulary
- Constitution
- The foundational legal rules of a country.
- Example: The Constitution sets out Australia's system of government.
- referendum
- A national vote on a constitutional proposal.
- Example: Constitutional change requires a referendum.
- double majority
- A majority of voters nationally and a majority of voters in a majority of states.
- Example: A successful constitutional referendum needs a double majority.
Official sources
- Australian Citizenship: Our Common Bond Federation, page 25 Last verified 2026-06-19
- Australian Citizenship: Our Common Bond The Australian Constitution, page 25 Last verified 2026-06-19