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 entity and commonly determine how that entity is to be governed. When these pr ...

of the

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 ...

n state of

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 , establishe ...

. 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 di ...

legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

, 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. 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: * 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 multi ...

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 (inclu ...

, which formalises decisions of the Cabinet of Queensland, which is composed of the Premier and other ministers of state appointed by the Governor on the advice of Parliament; * Judiciary: the Supreme Court 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.''T ...

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 performs constitutional and ceremonial func ...

(currently Jeannette Young) 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 differ ...

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 ...

) 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 oth ...

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 pardons 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 democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...

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

Bill of rights

Queensland has a statutory bill of rights, 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 recog ...

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 supernatur ...

and privacy, and a right to education 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 Organ ...

. 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