Federalism in Australia - Federal Features in The Australian Constitution

Federal Features in The Australian Constitution

Whilst the presidential system of government and a comprehensive Bill of Rights in Australia were rejected, some of the federal features of the American system were used. These features include a high degree of autonomy for the government institutions of the federation and the states, a division of power between these organisations, and a judicial authority to determine whether either level of government had exceeded its powers.

Australia successfully adapted the American concept of state and federal governments possessing separate sovereignty within the framework of a constitutional monarchy by establishing the position of state governor to be appointed by the Sovereign on the advice of the relevant state premier, the Commonwealth Government playing no role in these appointments. This gives each state a direct link with the Crown that completely bypasses Canberra, and can be contrasted with the Canadian system where provincial lieutenant-governors, appointed by the Governor General on the advice of the federal Prime Minister, were once seen as representatives of the Canadian federal government and not the Sovereign directly.

Other aspects of the Constitution of Australia are associated with the federal principle. Original states have equal representation in the senate. Although this is not an essential element of federation, it reflects the view that states (colonies) should be equal in status.