The Constitution of Victoria is the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
of the state of
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
,
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
. The current constitution, the Constitution Act 1975 was enacted in 1975, and has been amended several times.
Since 1901, Victoria has been a
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
of the Commonwealth of Australia, and its relationship with the Commonwealth is regulated by the federal
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 constitutio ...
. The jurisdiction of the
Parliament of Victoria
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and ...
to make laws and the laws of Victoria are subject to limitations imposed by the Australian Constitution.
The Constitution is based on principles of the
Westminster system of
responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments (the equivalent of the executive bran ...
, as modified due to Victoria being a state within a
federation
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
of Australia.
History
The original Constitution of Victoria was drafted and approved in Melbourne in March 1854 by the first
Victorian Legislative Council
The Victorian Legislative Council (VLC) is the upper house of the bicameral Parliament of Victoria, Australia, the lower house being the Legislative Assembly. Both houses sit at Parliament House in Spring Street, Melbourne. The Legislative Co ...
, and sent to Britain for assent. It was received in London in May 1854 and, after some opposition and delay, was approved (with some amendments) as an Act of the
British Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
in 1855. It was passed by the United Kingdom Parliament as the ''Victoria Constitution Act 1855'', was granted
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 16 July 1855 and was proclaimed in Victoria on 23 November 1855.
The Constitution established the Westminster-style system of responsible government.
The 1855 Constitution, though an Act of the British Parliament, could be and was amended by the Victorian Parliament from time to time. Changes have included parliamentary membership numbers, voter eligibility, payment of members, voting methods, size of the ministry, electorate numbers and the powers and responsibilities of the Legislative Council and the Legislative Assembly, besides other matters.
In 1901, the Australian colonies, including Victoria, formed the
Commonwealth of Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
which was constituted by the
Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
. The jurisdiction of the
Victorian Parliament
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and ...
to make laws and the laws of Victoria became subject to limitations imposed by the Australian Constitution.
On 22 October 1975 the
Hamer
Hamer may refer to:
People with the surname Hamer:
* Hamer (surname)
In places:
* Hamer, woreda in Ethiopia
* Hamer, Iran
* Hamer, Idaho, United States
* Hamer, Ohio, United States
* Hamer, South Carolina, Uni ...
Government proclaimed a new Constitution as an Act of the
Parliament of Victoria
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and ...
to replace the 1855 Constitution.
In 2003, the 1975 Constitution was amended to entrench certain provisions, such as the representation of Victorian voters in Parliament, by requiring amendments to those provisions to require a referendum. The 2003 amendments also provided for fixed-four year terms for both Houses, election of the Legislative Council by proportional representation, removal of the Council's power to block a supply bill (the budget) and a dispute resolution process for bills for which agreement between the houses cannot be reached.
During the
2022 Victorian state election
The 2022 Victorian state election was held on Saturday, 26 November 2022 to elect the 60th Parliament of Victoria. All 88 seats in the Legislative Assembly (lower house) and all 40 seats in the Legislative Council (upper house) were up for el ...
Labor Premier
Daniel Andrews
Daniel Michael Andrews (born 6 July 1972) is an Australian politician serving as the 48th and current premier of Victoria since December 2014. He has been the leader of the Victorian branch of the Australian Labor Party (ALP) since December ...
committed to amending the state’s constitution to protect public ownership of the revived
State Electricity Commission if re-elected, to make it harder, although not impossible, for it to be
privatised
Privatization (also privatisation in British English) can mean several different things, most commonly referring to moving something from the public sector into the private sector. It is also sometimes used as a synonym for deregulation when ...
again in the future. Re-privatising the commission after such legislation would require a "
special majority" of 60% of both the
Legislative Assembly and
Legislative Council, a situation which already exists for any potential privitisation of
water services in Victoria under the Constitution of Victoria.
References
External links
Constitution Act 1975 on Victorian LegislationCONSTITUTION ACT 1975 on AustliiVictorian Parliament webpage about the Constitution
{{Australia topic, title=
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
s of
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, prefix=Constitution of, VI=Victoria, exclude-ext=y, group1=Commonwealth, list1=
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, group5=External territories, list5=
Norfolk Island
Norfolk Island (, ; Norfuk: ''Norf'k Ailen'') is an external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head and about from Lord Howe Island. Together with ...
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
Victoria (Australia) legislation