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Section 41 Of The Constitution Of Australia
Section 41 of the Australian Constitution is a provision of the Constitution of Australia which states: Right of electors of States No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth. Women's suffrage At the time that the Australian Constitution was drafted, South Australia was the only state which allowed women to vote. The drafters feared that if the Constitution did not allow South Australian women to vote in federal elections, they would vote against federalism. Section 41 therefore would allow South Australian women to vote in federal elections, without conferring the vote on women who were not yet allowed to vote in the other states. Related High Court decisions * King v Jones: The words "adult person" are fixed with the same meaning they ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the Government of Australia, executive, Parliament of Australia, legislature, and Judiciary of Australia, judiciary. The constitution was drafted between 1891 and 1898, through a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 1898–1900 Australian constitutional referendums, set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an Ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Amendment (Adult Suffrage) Act 1894
The ''Constitutional Amendment (Adult Suffrage) Act 1894'' was an Act of the Parliament of South Australia to amend the South Australian '' Constitution Act 1856'' to include women's suffrage. It was the seventh attempt to introduce voting rights for women and received widespread public support including the largest petition ever presented to the South Australian parliament. The proposed legislation was amended during debate to include the right of women to stand for parliament after an opponent miscalculated that such a provision would cause the bill to be defeated. Once passed, South Australia become the fourth state in the world to give women the vote and the first to give women the right to be elected to parliament. Background The first resolution in the South Australian House of Assembly to give women the vote was introduced by Sir Edward Charles Stirling in 1885, and was passed but not acted upon. Six bills were introduced unsuccessfully into Parliament over the subseque ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federation Of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of Queensland, New South Wales, Victoria, Tasmania, South Australia (which also governed what is now the Northern Territory), and Western Australia agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in Australia. The colonies of Fiji and New Zealand were originally part of this process, but they decided not to join the federation. Following federation, the six colonies that united to form the Commonwealth of Australia as states kept the systems of government (and the bicameral legislatures) that they had developed as separate colonies, but they also agreed to have a federal government that was responsible for matters concerning the whole nation. When the Constitution of Australia came into force, on 1 January 1901, the colonies collectively became states of the Commonwealth of Australia. The efforts to bring about federation in the m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
King V Jones
''King v Jones'' was an Australian court case decided in the High Court of Australia on 1 September 1972.. It concerned section 41 of the Australian Constitution, and whether that section gave a person who had the right to vote in elections in South Australia the right to vote in elections at a federal level. The main issue in the case was the meaning of the words "adult person" in section 41. The court decided that those words only applied to people who had attained the age of 21. A more significant issue, whether section 41 is a guarantee or a transitional provision, was considered briefly in this case. Background to the case Before 1970, the legal voting age was 21 across Australia, at both the federal level and in all of the states and territories of Australia. In that year however, the state of Western Australia lowered the voting age to 18, and New South Wales passed a law to lower the age, although it had not yet taken effect at the time of this case. South Australia low ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Pearson; Ex Parte Sipka
''R v Pearson; Ex parte Sipka'',. was a landmark Australian court case decided in the High Court of Australia on 24 February 1983. It concerned section 41 of the Australian Constitution, and the question of whether four people eligible to vote in New South Wales could be prevented from voting at the federal level by a federal law which closed registration to vote on the day that the writs of election were issued. The court decided that they could, adopting a narrow interpretation of section 41, and therefore finding that there is no express constitutional right to vote in Australia. Background to the case In 1983, section 45 of the ''Commonwealth Electoral Act 1918'' provided that: 45 (a) Claims for enrolment... which are received by the Registrar after six o'clock in the afternoon of the day of the issue of the writ for an election shall not be registered until after the close of polling at the election. This had the effect of closing the electoral roll on the day when an elec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Franchise Act 1902
The ''Commonwealth Franchise Act 1902'' was an Act of the Parliament of Australia which defined a uniform national criteria of who was entitled to vote in Australian federal elections. The Act established, in time for the 1903 Australian federal election, suffrage at federal elections for 'white' men and 'white' women who were British subjects over 21 years of age and had lived in Australia for six months. It replaced the existing voting conditions in use since Federation where most Australian states had universal suffrage for men including indigenous subjects and replaced South Australia's universal suffrage for all men and women. The Act meant that, though the Colony of New Zealand had granted women universal suffrage in 1893 and this carried forward to New Zealand subsequently becoming an independent nation in 1907, Australia was the first independent country to grant 'white' women's suffrage at a national level, and the first country to allow women to stand for Parliament. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Constitutional Law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by the voters in each of the Australian colonies. The British government did, however, insist on one change to the text, to allow a greater range of appeals to the Privy Council in London. It came into force on 1 January 1901, at which time the Commonwealth of Australia came into being. The Constitution created a framework of government some of whose main features, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
