Constitutional Law & Lawyers

Constitutional rights, federal-state relations, and high court matters.

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The Australian Constitution is the set of rules by which Australia is run. It took effect on 1 January 1901 and to this day is the blueprint for how Australia is governed. It includes details on the composition of the Australian Parliament, how Parliament works, what powers the Parliament has, how federal and state Parliaments share power and the roles of the Executive Government and the High Court.

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Key features of the Constitution

Australia is a federal system in which the Constitution divides power between a national government (the Commonwealth) and state governments.

The Constitution describes the key features of the Australian federal system, including:

• the basic rules for the operation of the federation and the powers of the federal Parliament
• a federal government which governs the nation
• separate state governments, constitutions and laws which govern the individual states
• power and authority that is shared between federal and state parliaments, governments and courts
• a bicameral system with:
• single member representation for the House of Representatives. This system is designed to elect major parties and support efficient government.
• multi-member representation for the Senate. This system elects 12 senators for each state and is designed to protect the interests of the states.
• the High Court of Australia, which is the final court of appeal. The High Court interprets the Australian Constitution and resolves legal disputes between the Australian Parliament or government and the states.

Constitutional law is a branch of law that focuses on the allocation and exercise of government power. Constitutional lawyers are highly trained law professionals that focus on the laws, relationships, and rights that have been established by the Constitution of Australia.

What does a constitutional lawyer do?

Constitutional lawyers interpret and implement the amendments, rights, and rules that the Australian Constitution outlines. They concentrate on specific issues and practice in a wide variety of areas such as civil rights and real estate. They often apply constitutional law to cases that are presented in federal courts and High Court. They gain the necessary information and details to present viable cases. They discuss court cases with their clients and other lawyers, complete legal research, and make sure tasks are completed on time.