The Australian COnstitution
A national Constitution is a foundational set of rules and principles for governing a country. It can be thought of as set of rules about making laws.
Australia has a written Constitution that is the most basic and fundamental set of legal rules in the country. The Constitution has a special status because:
The Australian Constitution is a dynamic and responsive creation. Not only can the interpretation of its meaning shift and alter over time (see Courts and the Constitution), but the text itself can be altered in response to changing social conditions.
Australia has a written Constitution that is the most basic and fundamental set of legal rules in the country. The Constitution has a special status because:
- Entrenched: The Constitution is protected from alteration by special procedural requirements (referendum requirements) – this means that it cannot be amended in the same way other laws are changed
- Supremacy: The Constitution is supreme law in Australia, and sets out conditions for validity for other laws. If Parliament attempts to make laws that are inconsistent with those requirements, those laws will be invalid. In this way, the Constitution overrides all other laws.
The Australian Constitution is a dynamic and responsive creation. Not only can the interpretation of its meaning shift and alter over time (see Courts and the Constitution), but the text itself can be altered in response to changing social conditions.
These pages provide clear and accessible information about some fundamental concepts involving the nature and role of the Australian Constitution, and how it is amended.
