In the mid 1800’s, Australia was divided into six relatively independent British colonies which, despite similar cultural beliefs and backgrounds, all acted as separate countries. Each colony had established its own legal system (though the Monarch was the head of state for each colony) which had evolved from and was heavily influenced by the British system. When the First Fleet arrived at Sydney Cove in 1788, they brought with them English law which was implemented in early settler times. This action in conjecture with the British background of the colonies led to early Australian law closely mimicking that of Mother England.
Reasons For Federation
In the latter half of the 19th century, momentum for the colonies to federate into a single nation increased. There were a significant number of reasons in favour of federating, though there were six main areas which ultimately led to the decision to federate:
Defence
A major reason for federation was to create an adequate army in case of attack. Prior to federation,
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Went on to become Australia’s first prime minister.
Charles Kingston – The South Australian Premier whom was a strong supporter of federation and a radical liberal.
The conference ended up agreeing to follow the American model of law and the first draft of the Constitution that was prepared was very similar to the final result.
The Second National Australasian Convention was held in March 1897. Adelaide hosted the first session of the convention during March and April in SA’s Parliament. During the convention the Constitution draft from 1891 was further developed though Queensland did not attend the convention, due to it failing to pass the legislature needed to send delegates. There were second and third sessions of the Second National Australasian Convention held in Sydney and Melbourne respectively, before the Constitution finished drafting in March
In conclusion, the Constitutional Convention in Philadelphia had 3 influential plans were Virginia, New Jersey, and Connecticut Compromise plans. Virginia and New Jersey plans were opposite to each other between the benefits of large states and small states, but Connecticut Compromise plan satisfied the conditions of these two, was accepted into the final form of the U.S. Constitution. Compromises had been necessary at every point, and in some case produced unforeseen results. However the Constitutional succeeded beyond the hopes of its strongest
On March 1, 1781, the first written constitution called the articles of confederation became a disaster after the American Revolution. The need for a revision took place at the Constitutional Convention in Philadelphia 1787. Meanwhile, the convention was aggressively debated by fifty-five delegates from thirteen states; within consideration of ratifying the new constitution. However, the new constitution is better than the articles of confederation when fixing the problems airing in national debt and their feeble federal government. The requirements for a stronger federal government became more prominent for the U.S. and the constitution convention was the solution to their problems.
On the 26th of January 1788, Australia was settled by the British who came in the First Fleet. The First Fleet was made up of 11 ships, holding 1,350 convicts, soldiers and settlers. Australia became the new penal colony as prisons were overflowing in Britain due to America’s Independence and refusal to take more convicts. Recently, there has been much debate over whether this colonisation of Australia was an invasion or settlement. An invasion is an unwelcome intrusion into another’s domain. Whereas a settlement is the process of establishing a settlement or settlements. Clearly, when considering these definitions, it can be seen that the colonisation of Australia was intended to be a peaceful settlement, but soon turned
Three Principal Meetings that Led to the Adoption of the Constitution of the United States
During the 1700’s The United States was finally become a country of their own. They left Great Britain to become free. Once the U.S. was starting they decided they needed a national Constitution instead of the states just having their own separate from the others. In order for the Constitution to be created there had to be a group to revise the document multiple times to fit the needs for our country, this group was called framers. This was called the Constitutional convention, it lasted for months but when it was finally done it was used for the nation as a whole.
After the colonies had seceded from Britain they realized that the lack of a strong central government created a United States that was not so “united”. As described in a Brilliant Solution, by Carol Berkin, the problems derived from the Articles of Confederation required a resolution that no one would have ever imaged. That solution would be the Constitutional Convention, taking place from May to September of 1787 in Philadelphia. This convention would result in our Constitution, the living, breathing, vital document we still use to this day.
became the author of the history of Australia, pamplet distributed to migrant workers so they can study for the citizenship test
Once independence had been declared, in 1776, the American states immediately started to write the state constitutions and state bills of rights. George Mason was the principal architect of Virginia’s Declaration of Rights. That document was the model for bills of rights.
Henry Parks was the most significant and important politician who supported the idea of Australia becoming a nation. Henry Parks was an English-born politician who had started a newspaper to support a stronger role for Australians in governing their colonies. He also gave a passionate speech about federation in 1889. This speech had become one of the most important factor which lead Australia into federation. His speech he quoted ‘Surely what the Americans have done by war, the Australians could bring about it in peace. To put it differently, he believed the people of Australia could become a federation in peace, unlike America. His speech had influenced the government and the people of Australia. After the speech was delivered, in 1890 the government started the first meeting discussing about should Australia be a federated or
Sir Henry Parkes was a politician and journalist born on the 27 May, 1815 in England. Henry Parkes was instrumental in trying to make Australia a federation. Hence why, his nickname is the ‘Father of the
The British sought to extend their laws to the land now called Australia and its Aboriginal inhabitants. The Laws of England were imported to the colony of New South Wales to the extent that they were applicable to those times and conditions. Despite Aboriginal resistance, England declared itself the sovereign or ruler of Australia. The established legal doctrine that enabled it to do this is known as terra nullius. The Euro-pean legal view at the time was that the Crown had absolute title to all land. Under the doctrine, colonising power such as England could ap-ply their own law to land which they peacefully occupied, if the land was uninhabited or was occupied by a people without settled laws and customs. Australia was declared to be a land
At first, the prevailing number of American citizens were expressing their approval towards the Constitution. It had been shaped by an assembly that was announced by Thomas Jefferson as “an assembly of demigods” that included figures such as George Washington and Benjamin Franklin, James Madison, James Wilson, George Wythe, Alexander Hamilton, Robert and Governeur Morris, Charles Cotesworth Pinckney, John Dickinson, Elbridge Gerry, and Roger Sherman,. The Convention, gathering in Philadelphia, issued the document to Congress, which was deliberating in New York at the time.
The Constitution of the United States was signed on the 17th of September in 1787. The delegates who signed the document were the delegates to the Constitutional Convention in Philadelphia. The Convention was presided over by George Washington. It was the Constitution of the United States that established the national government and certain basic fundamental laws apart from guaranteeing some basic rights to the citizens of the United States. The first Constitution of the United States was the Articles of Confederation which had to be ratified in 1781 because the nation was nothing more than a loose confederation of some states each of whom operated like as if they were independent countries. The government at the Center comprised of one legislature, the Congress of the Confederation and there was no judicial branch or no President to look after the matters. (The US Constitution, 2016)
European settlement of Australia commenced in 1788. Prior to this, Indigenous Australians inhabited the continent and had unwritten legal codes
Some people have always wondered whether the making of Constitution of the United States was, in fact, supposed to happen at the Constitutional Convention or if it was even supposed to be drawn up in the way it was. In this essay, I will summarize to different views on what went on at the Constitutional Convention and how the Constitution of the United States come about. I want to emphasize that none of these views or theories discussed in this essay are my own. The convention that is referred to was held in Philadelphia, Pennsylvania. It began In May of 1787.