澳大利亚政体(英文版)
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时间:2024-08-25 13:34
Government of Australia(澳大利亚政体)
The Commonwealth of Australia is a constitutional monarchy, a federation and a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement between what were previously six self-governing British colonies. The terms of this agreement are embodied in the Australian Constitution, which was drawn up at a Constitutional Convention and ratified by the people of the colonies at referenms. The structure of the Australian Government may be examined in light of two distinct concepts, namely: Federalism and the Separation of Powers into legislative, executive and judiciary branches of government. Separation of powers is implied from the structure of the Constitution which breaks down the branches of government into separate chapters.
The Australian Constitution creates a federal legislature, the Parliament of the Commonwealth (Section 1). The bicameral parliament consists of the Queen and two houses, the Senate and the House of Representatives (Section 1). Section 51 of the Constitution provides for the Commonwealth Government's legislative powers and allocates certain powers and responsibilities (known as "heads of power") to the Commonwealth government. All remaining responsibilities are retained by the six colonies, which under the Constitution became States of the Commonwealth of Australia. Further, each state has its own constitution so that Australia has seven sovereign Parliaments, none of which can encroach on the functions of any other. The High Court of Australia arbitrates on any disputes which arise between the Commonwealth and the States, or among the States, concerning their respective functions.
The Commonwealth Parliament can propose changes to the Constitution. To become effective, the proposals must be put to a referenm of all Australians of voting age, and must receive a "double majority":
a majority of all votes, and
a majority of votes in a majority of States.
The Commonwealth Constitution also provides that the States can agree to refer any of their powers to the Commonwealth if they choose. This may be achieved by way of an amendment to the Constitution via referenm (a vote on whether the proposed transfer of power from the States to the Commonwealth, or vice versa, should be implemented). More commonly powers may be transferred by passing other acts of legislation which authorise the transfer and such acts require the legislative agreement of all the state governments involved. This "transfer" legislation may have a "sunset clause", a legislative provision that nullifies the transfer of power after a specified period, at which point the original division of power is restored.
In addition, Australia has several territories, three of which are self-governing: the Australian Capital Territory, the Northern Territory and Norfolk Island. The legislatures of these territories exercise powers delegated to them by the Commonwealth, and the Commonwealth Parliament retains the power to override territorial legislation and to transfer powers to or from the territories. While Australian citizens living in the Australian Capital Territory and the Northern Territory are represented in the Commonwealth Parliament, Norfolk Islanders are not represented federally.
Australia's other territories that are regularly inhabited (Jervis Bay, Christmas Island and the Cocos (Keeling) Islands) are not self-governing. Instead, these territories are largely governed by federal law, with Christmas Island and the Cocos Islands also having local governments.
The federal nature of the Commonwealth and the structure of the Parliament of Australia was the subject of protracted negotiations among the colonies ring the drafting of the Constitution. The House of Representatives is elected on a basis which reflects the differing populations of the States. Thus New South Wales has 50 members of the House while Tasmania has five. But the Australian Senate is elected on a basis of equality among the States: all States elect 12 Senators, regardless of population. This was intended to prevent the Parliament being dominated by the interests of the two most populous States, New South Wales and Victoria, as the Senators of the smaller States could form a majority and amend or even reject bills originating in the House of Representatives.
The third level of government after the Commonwealth and the States is local government, in the form of shire, town or city councils. These bodies administer the provision of services such as local roads, sanitation, libraries, dog registration etc. Councils are composed of elected representatives, usually serving on a part time basis.
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