The Creation of Federal Laws in Australia

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The Creation of Federal Laws in Australia The Commonwealth of Australia was created with the 1901 unification of six recently independent British colonies. All were solidified under the authorship of a Constitution that same year which predicated the form of government and the legal orientation of the new nation. (AG, p. 1) In doing so, it also vested the power to create federal laws in Australian Parliament and, in one sense, gave it exclusive authority to do so. And in this sense, one might render the interpretation that "one advantage Australia has is that it has a written constitution which gives nearly all the power to make laws for Australia to the Commonwealth Parliament." However, a more complete understanding of the structure of Australian law suggests that this is a great understatement and one which does not make full accounting for the roles played either by the states that are confederated to make up Australia or by the judicial branch of the federal government. A consideration of the roles played by Parliament, the states and the court systems reveals that in fact, while the power to legislate laws is entrusted in Australian parliament, this entitlement is only possible through an interdependence with these other dimensions of the government. First, it is appropriate to examine the conditions that will have allowed for one to make the blanket statement quoted here above. Namely, the Australian Government (AG)(2011) documents that Section 51 of the
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