The Constitution of Queensland 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

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 ...

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 ...

Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_ ...

. As with the other constitutions of Australian states and territories, it is a written constitution influenced by the Westminster system and Australia's federal system of government. It defines Queensland as a state under a

constitutional monarchy A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...

and outlines the structure and powers of the Queensland government's three constituent parts, the

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dir ...

legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

, and

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

. In 1901, the six Australian colonies, including Queensland, federated to form Commonwealth of Australia which is 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 ...

. From that time onward, Queensland ceded the power to make laws relating to certain matters to the federal government. Outside these sections however, state parliament retains absolute legislative power.

Function

The Constitution establishes the government of Queensland and defines the structure, powers and function of the

three branches of government Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...

: * Legislature: the

unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...

Parliament of Queensland, comprising the Legislative Assembly and the

Monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...

(represented by the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

); * Executive: the

Executive Council of Queensland The Executive Council of Queensland is the body through which the Premier and Ministers (the Cabinet) advise the Governor on the exercise of executive powers. Composition The Executive Council is composed of the Premier and other ministers (incl ...

, which formalises decisions of the

Cabinet of Queensland The Cabinet of Queensland is the chief policy-making group of people within the Government of Queensland in Australia. Composition The Cabinet has the same membership as the Executive Council: the Premier and ministers (including the Deputy Pre ...

, which is composed of the Premier and other ministers of state appointed by the Governor on the advice of Parliament; * Judiciary: the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

and other state courts, whose judges are appointed by the Governor on advice of Parliament. The constitution also defines the role of the governor. Under the constitution, governmental

authority In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The N ...

is nominally vested in the

Governor of Queensland The governor of Queensland is the representative in the state of Queensland of the monarch of Australia. In an analogous way to the governor-general of Australia at the national level, the governor Governors of the Australian states, performs c ...

(currently

Jeannette Young Jeannette Rosita Young (born 1963) is an Australian medical doctor and administrator who is the current governor of the state of Queensland. Before being sworn in as governor, Young was the Chief Health Officer of Queensland from 2005 to 2021. ...

) on behalf of

the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...

and who is appointed by the Monarch (currently

Charles III Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...

) on the advice of the Premier of Queensland. The governor's role is mostly ceremonial, however they serve constitutional roles such as, presiding over meetings of the Executive Council, summoning, proroguing and dissolving Parliament on the advice of the Premier, giving

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 ...

to Bills passed by the Parliament, appointing all ministers of state, appointing and removing officials on the advice of the Executive Council, issuing writs for Queensland State Elections and for the election of Queensland representatives in the Australian Senate, on the advice of the Executive Council and granting

pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...

s or commutations.

History

The current constitution is the ''Constitution of Queensland 2001''. It is the state's second constitution, consolidating various constitutional provisions dating back to the 19th century, and in particular the state's first constitution, the ''Constitution Act 1867''.

Entrenchment and amendments

The constitution contains entrenched provisions which can only be amended by way of

referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

. It also contains provisions which may be amended by legislation.

Bill of rights

Queensland has a

statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

, the ''Human Rights Act 2019''. This provides protections for 23 human rights, including

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...

religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...

and

privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...

, and a

right to education The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, compulsory primary education for ...

and

health Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...

. Complaints of violations of human rights can be taken to the Queensland Human Rights Commission. The Act does not stop parliament from passing legislation that is incompatible with human rights but they must consider human rights when drafting laws, and prepare a Statement of compatibility.

References

{{Queensland, state=expanded

Queensland