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