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Last updated: August 2008
Constitutional, legal and Government framework
The Constitution
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Australia has a federal system of government, with powers distributed between the national, state and territory governments.
Chapters I, II and III of the Constitution confer the legislative, executive and judicial powers of the Commonwealth of Australia on three different branches of government established by the Constitution as follows:
- The Commonwealth Parliament, which consists of the Queen, the Senate and the House of Representatives.
- The federal Executive. While the Queen does not play a day to day role in Australian government, executive power is formally vested in the Queen. The power is however, formally exercisable by the Governor-General, as the Queen’s representative. The Federal Executive Council advises the Governor-General in the government of the Commonwealth.
- The federal Judicature. Judicial power is vested in the High Court of Australia, various federal courts created by the Parliament, and state and territory courts which have been invested with federal jurisdiction.
Legislative power is the power to make laws. Executive power is the power to administer laws and carry out the business of government through bodies such as Government departments, statutory authorities and the defence forces. Judicial power is the power exercised by courts in interpreting and applying the law.
The Constitutional Policy Unit of the Attorney-General’s Department provides assistance and advice on matters of constitutional policy development and litigation
