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AUSTRALIA GOVERNMENT, CONSTITUTION and JUDICIARY

Australia has two tiers of sub national government: State {or territory} Government and Local Government. Prior to Federation the states originated as separate British colonies, whose powers are protected by the Australian Constitution.
Each state has a Governor appointed by the Queen, which she does on the advice of the State Premier. Each state has a bicameral Parliament except Queensland. The three self-governing territories, the ACT, the Northern territory and Norfolk Island have unicameral Legislative Assemblies. The lower house is called the Legislative Assembly, except in South Asia and Tasmania, where it is called the House Assembly.
The head of the government of each state is called the Premier, appointed by the state’s Governor.
The local Government powers are determined by the State government. There is only one tier of local government in Australia. All local governments are approximately equal in their theoretical powers. Unlike other countries Australian local government do not have much role in providing services such as police and fire protections and schools.

The Constitution of Australia is the law under which the government of Australia operates. The Constitution came in force on 1 Jan 1901. It consists of several documents of which the most important being the Constitution of the Commonwealth of Australia.

Since Australia is now an independent country, eventhogh the Constitution was given legal force by an act of the United Kingdom Parliament, however, the Parliament has no power to change the Constitution, and only the Austrian people can amend it.
Under Australia’s common law system, the High Court and the Federal Court of Australia have the authority to interpret constitutional provisions.

The major constitutional change came about with the Act of the British Parliament known as the Statute of Westminster of 1931. The UK government recognizes Australia as independent, and agreed that the British Government and the Parliament would only make laws for them if they specifically requested it. The independence of Australia from the United Kingdom has been a continuous process in legal terms, rather than occurring as a single event.

The judiciary in Australia is modeled substantially on the system of courts which existed in England, who have different procedural powers and characteristics, different jurisdictional limits different remedial powers and different cost structures.

The High Court has limited trial powers, but rarely exercises them. It has ample power to transfer cases started there to another. On the other hand the Supreme Courts of the states and territories are superior courts with general and unlimited jurisdiction within their own state or territory. The Family Court and the Federal Court have certain inherent procedural and contempt powers, but their jurisdiction must be granted by statute.

 

 
     
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