Law and Power

Government and law

Section 1: Law and power

Although a government has the power to make law, and is responsible for enforcing that law, its power can still be meaningfully controlled by the law. The notion that a government must govern subject to and in accordance with the law is called ‘the rule of law’.

Section 2: The origins of government in Australia

1. European settlement of Australia began in 1788 with the establishment of colony in New South Wales. By 1901, there were six colonies in Australia.

2. The Australian colonies were granted the right to be responsible for their own government even before joining together as the Commonwealth of Australia in 1901.

3. After being granted responsible government by Britain, the colonies had a general power to administer, enforce and make new law within their borders.

* More specifically, each colony was given the general power ‘to make laws for the peace, welfare and good government of the colony’. But there were some important restrictions on the colonies’ law making power (-they could not make law that was inconsistent with laws made by the British parliament, and –they could not generally make laws to operate outside their own borders).

4. The Commonwealth of Australia was formed when, after lengthy negotiation and with assistance from Britain, the Australian colonies agreed to be joined in a federation.

5. The Australian self-governing colonies only became known as ‘states’ as part of the process of establishing the Commonwealth.

6. The Commonwealth of Australia owes its legal origins to a law enacted by the government of the United Kingdom. The constitutional legality of Australian government therefore originates in foreign law.

7. Although federation took place in 1901, the Commonwealth of Australia did not become fully independent of British lawmakers until the 1980’s.

Section 3: Some characteristics of government in Australia

1. The Commonwealth of...