Politics
The politics of Australia take place within the framework of parliamentary democracy. The government of Australia is a federation in the context of a constitutional monarchy, and Australians elect state and territory legislatures as well as a bicameral Parliament of Australia based on the Westminster System.
At the national level, elections are held at least once every three years. The Prime Minister can advise the Governor-General to call an election for the House of Representatives at any time, but Senate elections can only be held within certain periods prescribed in the Constitution. The last general election was in October 2004. The Parliament of the Commonwealth of Australia consists of two chambers:
The House of Representatives has 150 members, elected for a three year term in single-seat constituencies with a system of alternative vote known as preferential voting.
The Senate has 76 members, elected through a preferential system in 12-seat state constituencies and two-seat territorial constituencies with a system of single non-transferable vote. Electors choose territorial senators for a three-year term. The state senators serve for a six-year term, with half of the seats renewed every three years.
The Commonwealth of Australia is a constitutional monarchy with a parliamentary system of government. Queen Elizabeth II is the Queen of Australia, a role that is distinct from her position as monarch of the other Commonwealth Realms. The Queen is represented by the Governor-General at Federal level and by the Governors at State level. Although the Constitution gives extensive executive powers to the Governor-General, these are normally exercised only on the advice of the Prime Minister. The most notable exercise of the Governor-General's reserve powers outside the Prime Minister's direction was the dismissal of the Whitlam Government in the constitutional crisis of 1975.
Government
There are three branches of government:
- The legislature: the Commonwealth Parliament, comprising the Queen, the Senate, and the House of Representatives; the Queen is represented by the Governor-General, whose powers are limited to assenting to laws.
- The executive: the Federal Executive Council (the Governor-General as advised by the Executive Councillors); in practice, the councillors are the Prime Minister and Ministers of State.
- The judiciary: the High Court of Australia and other federal courts. The State courts became formally independent from the Judicial Committee of the Privy Council when the Australia Act was passed in 1986.
The Legislature
The Legislature makes the laws, and supervises the activities of the other two arms with a view to changing the laws when appropriate. The Australian Parliament is bicameral, consisting of the Queen, a 76-member Senate and a 150-member House of Representatives. Twelve Senators from each state are elected for six-year terms, using proportional representation and the single transferable vote (known in Australia as 'preferential voting'), with half elected every three years.
In addition to the state Senators, two senators are elected by voters from the Northern Territory and the Indian Ocean Territories (Christmas Island and the Cocos (Keeling) Islands), while another two senators are elected by the voters of the Australian Capital Territory and the Jervis Bay Territory. Senators from the territories are also elected using preferential voting; however, their term of office is only three-years.
The members of the House of Representatives are elected by preferential voting from single-member constituencies allocated among the states and territories roughly in proportion to population. In ordinary legislation, the two chambers have coordinate powers, but all proposals for appropriating revenue or imposing taxes must be introduced in the House of Representatives. Under the prevailing Westminster system, the leader of the political party or coalition of parties that wins a majority of the seats in the House of Representatives is named Prime Minister.
The Prime Minister and the Cabinet are responsible to the Parliament, of which they must be elected members. General elections are held at least once every three years. The Prime Minister has a discretion to advise the Governor-General to call an election for the House of Representatives at any time, but Senate elections can only be held within certain periods prescribed in the Constitution.
The Commonwealth Parliament and all the state and territory legislatures operate within the conventions of the Westminster system, with a recognised Leader of the Opposition, usually the leader of the largest party outside the government, and a Shadow Cabinet of Opposition members who 'shadow' each member of the Ministry, asking questions on matters within the Minister's portfolio. Although the government, by virtue of commanding a majority of members in the lower house of the legislature, can usually pass its legislation and control the workings of the house, the Opposition has certain recognised rights, and can considerably delay the passage of legislation and obstruct government business if it chooses. The day-to-day business of the house is usually negotiated between a designated senior Minister, who holds the title Leader of the House, and an Opposition frontbencher known as the Manager of Opposition Business.
The Executive
Head of State
Because the Australian Constitution dates from 1900, when the Dominions of the British Empire were not independent states in their own right, the term 'head of state' is not used in the Australian Constitution. Australia, like the other Dominions, became in practice independent from the United Kingdom following the passage of the Statute of Westminster in 1931 (although the Statute was not adopted in Australia until 1942). The effect of the Statute was to sever almost all legislative links between the United Kingdom and Australia, leaving the Crown as the only remaining connection, thus formalising Australia's status as an independent state. Recognising this, the Australian Parliament in 1953 passed the Royal Style and Titles Act, giving the Queen the title Queen of Australia. For the first time the official Australian title specifically mentioned Australia separately from the United Kingdom and the other Realms, to highlight the Monarch's role specifically as Queen of Australia, as well as the shared aspect of the Crown throughout the Realms: Elizabeth the Second, by the Grace of God of the United Kingdom, Australia and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith. In 1973 the title was further clarified by the Royal Style and Titles Act (1973) to remove reference to the United Kingdom and the Queen's status as 'defender of the faith.'
Section 61 of the Constitution provides that 'The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth'.
Section 2 of the Australian Constitution provides that a Governor-General shall represent the Queen in Australia. The Governor-General carries out all the functions of a head of state, without reference to the Queen. The Governor-General is appointed by the Queen, on the advice of the Prime Minister of Australia. The Governor-General represents Australia internationally, making and receiving State visits.
Under the conventions of the Westminster system, the Governor-General's powers are almost always exercised on the advice of the Prime Minister or other ministers. The Governor-General retains reserve powers similar to those possessed by the Queen in the United Kingdom. These are rarely exercised, but during the Australian constitutional crisis of 1975 Governor-General Sir John Kerr used them independently of the Queen.
Australia has periodically experienced movements seeking to end the monarchy. In a 1999 referendum, the Australian people voted on a proposal to change the Constitution. The proposal would have removed references to the Queen from the Constitution and replaced the Governor-General with a President nominated by the Prime Minister, but subject to the approval of a two-thirds majority of both Houses of the Parliament. The proposal was defeated. The Australian Republican Movement continues to campaign for an end to the monarchy in Australia, opposed by Australians for Constitutional Monarchy.
Executive Council
The Federal Executive Council consists of the Governor-General, the Prime Minister and Ministers. It is a formal body which exists to give legal effect to decisions made by the Cabinet, and to carry out various other functions. Members of the Executive Council are entitled to be styled 'The Honourable', a title which they retain for life. The Governor-General usually presides at Council meetings, but a Minister with the title Vice-President of the Executive Council serves as the link between the government and the Council.
Cabinet
The Constitution of Australia does not recognise the Cabinet as a legal entity, and its decisions have no legal force. All members of the ministry are also members of the Executive Council, a body which is chaired by the Governor-General and which meets solely to endorse and give legal force to decisions already made by the Cabinet. That is why there is always a member of the ministry holding the title Vice-President of the Executive Council.
Until 1956 all members of the ministry were members of the Cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Robert Menzies created a two-tier ministry, with only senior ministers holding Cabinet rank, also known within parliament as the front bench. This practice has been continued by all governments except the Whitlam Government.
When the non-Labor parties have been in power, the Prime Minister has made all Cabinet and ministerial appointments at his own discretion, although in practice he consults with senior colleagues in making appointments. When the Liberal Party and its predecessors (the Nationalist Party and the United Australia Party) have been in coalition with the National Party or its predecessor the Country Party, the leader of the junior Coalition party has had the right to nominate his party's members of the Coalition ministry, and to be consulted by the Prime Minister on the allocation of their portfolios.
When the Labor first held office under Chris Watson, Watson assumed the right to choose members of his Cabinet. In 1907, however, the party decided that future Labor Cabinets would be elected by the members of the Parliamentary Labor Party, the Caucus, and this practice has been followed ever since. The Prime Minister retains the right to allocate portfolios. In practice, Labor Prime Ministers have exercised a predominant influence over who has been elected to Labor Cabinets, although the leaders of the party factions also exercise considerable influence.
The Judiciary
The Judiciary interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment.
- High Court of Australia
- Federal Court of Australia
- Family Court of Australia
- Federal Magistrates' Court of Australia
- Administrative Appeals Tribunal
Military
Australia's armed forces - the Australian Defence Force (ADF) - comprise the Royal Australian Navy (RAN), the Australian Army, and the Royal Australian Air Force (RAAF), numbering about 51,000. All branches of the ADF have been involved in UN and regional peacekeeping (most recently in East Timor, the Solomon Islands and Sudan), disaster relief, and armed conflict, including the 2003 Invasion of Iraq. The government appoints the Chief of the Defence Force from one of the armed services. In the 2006-07 Budget, defence spending is $19.6 billion.
Foreign Relations
Over recent decades, Australia's foreign relations have been driven by a close association with the United States, through the ANZUS pact and by a desire to develop relationships with Asia and the Pacific, particularly through ASEAN and the Pacific Islands Forum. In 2005, Australia secured an inaugural seat at the East Asia Summit following its accession to the Treaty of Amity and Cooperation. Australia is a member of the Commonwealth of Nations, in which the Commonwealth Heads of Government meetings provide the main forum for co-operation. Much of Australia's diplomatic energy is focused on international trade liberalisation. Australia led the formation of the Cairns Group and APEC, and is a member of the OECD and the WTO. Australia has pursued several major bilateral free trade agreements, most recently the Australia-United States Free Trade Agreement. Australia is a founding member of the United Nations, and maintains an international aid programme under which some 60 countries receive assistance. The 2005-06 budget provides A$2.5 billion for development assistance; as a percentage of GDP, this contribution is less than that of the UN Millennium Development Goals.
