A bill of rights , sometimes called a declaration of rights or a charter of rights , is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens .
101-444: Bills of rights may be entrenched or unentrenched . An entrenched bill of rights cannot be amended or repealed by a country's legislature through regular procedure, instead requiring a supermajority or referendum; often it is part of a country's constitution, and therefore subject to special procedures applicable to constitutional amendments. The history of legal charters asserting certain rights for particular groups goes back to
202-489: A British Bill of Rights and the UK Parliament debated a Bill of Rights Bill but it was not passed into legislation. Australia is the only common law country with neither a constitutional nor federal legislative bill of rights to protect its citizens, although there is ongoing debate in many of Australia's states. In 1973, Federal Attorney-General Lionel Murphy introduced a human rights Bill into parliament, although it
303-659: A Constitutional Act adopted to invoke a one-off early legislative election. The disputed Act was judged to be an individual decision in violation of then-effective constitutional procedure regulating early elections. The Constitution also contains an explicit eternity clause whereby the Constitutional Court is the ultimate arbiter of the effect of European law on the Constitution. Article 1 of Estonian Constitution states that "The independence and sovereignty of Estonia are timeless and inalienable." As part of Chapter 1 of
404-569: A constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority , a referendum , or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil , the Czech Republic , Germany , Greece , India , Iran , Italy , Morocco , Norway , and Turkey , but specifically applies to an entrenched clause that can never be overridden. However, if
505-606: A parliamentary republic and those of articles 2 paragraph 1, article 4 paragraphs 1, 4 and 7, article 5 paragraphs 1 and 3, article 13 paragraph 1 and article 26. These fundamental articles include: The Constitution of the Irish Free State was required in parts to be consistent with the 1922 Anglo-Irish Treaty , including the Oath of Allegiance and the Governor-General . The checks to protect this were removed by, for example,
606-620: A constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too. Any amendment to a constitution that would not satisfy the prerequisites enshrined in a valid entrenched clause would lead to so-called "unconstitutional constitutional law"—that is, an amendment to constitutional law text that appears constitutional by its form, albeit unconstitutional due to
707-411: A few titles were not transferred until the late 20th Century. Land within the territory is granted under a leasehold system, with 99-year residential leases sold to buyers as new suburbs are planned, surveyed, and developed. The current policy is for these leases to be extended for another 99-year period on expiry, subject to payment of an administrative fee. In an arrangement inspired by Georgism ,
808-572: A joint session of parliament to be repealed. The Coloureds, however, later lost their voting rights after the Government restructured the Senate and packed it with its sympathisers so that they were able to achieve said supermajority in what is known as the Coloured vote constitutional crisis . The Tunisian Constitution of 2014 prohibits amending the constitution to change the duration of a presidential term or
909-733: A number of Ministers. The executive power of the Territory rests with the ACT Government , led by the Executive. The Executive is chaired by the Chief Minister (currently the Labor Party 's Andrew Barr ) and consists of Ministers appointed by them. The Executive are supported by the ACT Public Service, which is arranged into directorates, and a number of public authorities. The Chief Minister
1010-493: A number of species including Pinus radiata on the slopes of Mount Stromlo. Since then, plantations have been expanded, with the benefit of reducing erosion in the Cotter catchment, and the forests are also popular recreation areas. The fauna of the territory includes representatives from most major Australian animal groups . This includes kangaroos, wallabies, koalas, platypus, echidna, emu, kookaburras and dragon lizards. Unlike
1111-540: A perfect score of 1. Indigenous Australians have long inhabited the area. Evidence indicates habitation dating back at least 25,000 years, and it is possible that the area was inhabited for considerably longer, with evidence of an Aboriginal presence at Lake Mungo dating back around 40,000–62,000 years. The principal group occupying the region were the Ngunnawal people , with the Ngarigo and Walgalu living immediately to
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#17329021420691212-437: A protest vote by disgruntled Canberrans and a total of 8 were won by minor parties and independents. In 1992, Labor won eight seats and the minor parties and independents won only three. Stability increased, and in 1995, Kate Carnell became the first elected Liberal chief minister. In 1998, Carnell became the first chief minister to be re-elected. The Australian Capital Territory is the smallest mainland territory (aside from
1313-604: A simple majority vote in the House of Commons. Notions of entrenchment have emerged in consideration of a number of constitutional statutes, including the Parliament Acts 1911 and 1949 . (See R (Jackson) v Attorney General [2005] UKHL 56.) Andrew Blick, Senior Lecturer in Politics at King's College London, argues that the use of a supermajority requirement for the House of Commons in
1414-695: Is a locality to the south-west of Canberra that features the Tidbinbilla Nature Reserve and the Canberra Deep Space Communication Complex , operated by the United States' NASA as part of its Deep Space Network . The Southern Tablelands Temperate Grassland straddles the state. The territory includes a large range of mountains, rivers and creeks, largely contained within the Namadgi National Park . These include
1515-454: Is common in the winter months. Snow is rare in Canberra's city centre, but the surrounding areas get annual snowfall through winter and often the snow-capped mountains can be seen from the city. The last significant snowfall in the city centre was in 1968. Smoke haze became synonymous with the 2019/2020 Australian summer. On 1 January 2020 Canberra had the worst air quality of any major city in
1616-793: Is home to many important institutions of the federal government, national monuments and museums. These include the Parliament of Australia , the High Court of Australia , the Australian Defence Force Academy and the Australian War Memorial . It also hosts the majority of foreign embassies in Australia, as well as regional headquarters of many international organisations, not-for-profit groups, lobbying groups and professional associations. Several major universities also have campuses in
1717-415: Is possible that the entrenchment clauses are unentrenchable, preventing state law from having effectively entrenching clauses. The Supreme Court has developed the basic structure doctrine which holds that certain features of the constitution are fundamental in nature and cannot be modified through parliamentary amendment. The Supreme Court has yet to clearly delimit which, if any, provisions constitute
1818-816: Is the equivalent of a State Premier and sits on the National Cabinet. Unlike the States and the Northern Territory, there is no vice-regal representative who chairs the Executive. The Chief Minister performs many of the roles that a state governor normally holds in the context of a state; however, the Speaker of the Legislative Assembly gazettes the laws and summons meetings of the Assembly. The ACT Labor party has held Government since 2001. The legislative power of
1919-542: The 2019 amendments that replaced the hard two-term limit for presidents with a consecutive one, and the modification of the term's duration from four to six years. The article also failed to block a new article from being added that excludes incumbent president Abdel Fattah el-Sisi from the two consecutive terms constraint, enabling him to run for a third term. In the Constitution of Morocco , eternity clauses exist that ensure certain provisions cannot be amended, including
2020-645: The Acton Peninsula . Moore formally purchased the site in 1826 and named the property Canberry or Canberra . A significant influx of population and economic activity occurred around the 1850s gold rushes . The gold rushes prompted the establishment of communication between Sydney and the region by way of the Cobb & Co coaches, which transported mail and passengers. The first post offices opened in Ginninderra in 1859 and at Lanyon in 1860. During colonial times,
2121-533: The Australian Capital Territory (ACT) are the only states and territories to have a human rights Act. However, the principle of legality present in the Australian judicial system, seeks to ensure that legislation is interpreted so as not to interfere with basic human rights, unless legislation expressly intends to interfere. Entrenched clause An entrenched clause or entrenchment clause of
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#17329021420692222-632: The Basic Law for the Federal Republic of Germany (German: Grundgesetz ). The eternity clause establishes that certain fundamental principles of Germany 's democracy can never be removed, even by parliament . The fundamental principles, (i.e., "the basic principles" of Articles 1 and 20), are as follows: The original purpose of this eternity clause was to ensure that the establishment of any dictatorship in Germany would be clearly illegal; in legal practice
2323-595: The Black Mountain Sandstone formation and the Pittman Formation consisting largely of quartz -rich sandstone , siltstone and shale . These formations became exposed when the ocean floor was raised by a major volcanic activity in the Devonian forming much of the east coast of Australia. The environments range from alpine area on the higher mountains, to sclerophyll forest and to woodland . Much of
2424-597: The Constitution Act, 1982 ) contains multiple levels of entrenchment, but the issues most firmly entrenched (which can only be changed by the federal government with the unanimous consent of all provinces) under section 41 are the monarchy , each province's minimum allocation of representatives in Parliament , English - French bilingualism , the composition of the Supreme Court of Canada , and section 41 itself. The Constitution of Honduras has an article stating that
2525-565: The Constitution of the Islamic Republic of Iran , Art. 177, ensures that particular aspects of the Constitution are unalterable. These include the Islamic character of the government and laws, the objectives of the republic, the democratic character of the government, "the absolute wilayat al-'amr and the leadership of the Ummah", the administration of the country by referendum, and the role of Islam as
2626-614: The Federal Capital Advisory Committee was established in 1920 to advise the government of the construction efforts. The committee had limited success meeting its goals. However, the chairman, John Sulman , was instrumental in applying the ideas of the garden city movement to Griffin's plan. The committee was replaced in 1925 by the Federal Capital Commission . In 1930, the ACT Advisory Council
2727-613: The Fixed-term Parliaments Act 2011 represents a move towards entrenched clauses in the UK Constitution. Nevertheless, after failing to secure the required supermajority for an election in 2019, the government passed the Early Parliamentary General Election Act 2019 , which only required a simple majority, to override the act and call an early general election . The Fixed-term Parliaments Act 2011
2828-553: The Flora of Australia and include well known plants such as Grevillea , Eucalyptus trees and kangaroo grass . The native forest in the Australian Capital Territory was almost wholly eucalypt species and provided a resource for fuel and domestic purposes. By the early 1960s, logging had depleted the eucalypt, and concern about water quality led to the forests being closed. Interest in forestry began in 1915 with trials of
2929-694: The Habeas Corpus Act 1679 and the Bill of Rights 1689 (English Bill of Rights) established certain rights in statute. In the Thirteen Colonies , the English Bill of Rights was one of the influences on the 1776 Virginia Declaration of Rights , which in turn influenced the United States Declaration of Independence later that year. After the Constitution of the United States was adopted in 1789,
3030-889: The Jervis Bay Territory ) and covers a total land area of 2,358 km (910 sq mi), slightly smaller than Luxembourg. It is bounded by the Bombala railway line in the east, the watershed of Naas Creek in the south, the watershed of the Cotter River in the west and the watershed of the Molonglo River in the north-east. These boundaries were set to give the ACT an adequate water supply. The ACT extends about 88.5 km (55.0 mi) north-south between 35.124°S and 35.921°S, and 57.75 km (35.88 mi) west-east between 148.763°E and 149.399°E. The city area of Canberra occupies
3131-496: The Köppen-Geiger classification , the territory has an oceanic climate ( Cfb ). January is the hottest month with an average high of 27.7 °C. July is the coldest month when the average high drops to 11.2 °C (52.2 °F). The highest maximum temperature recorded in the territory was 44.0 °C on 4 January 2020. The lowest minimum temperature was −10.0 °C on 11 July 1971. Rainfall varies significantly across
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3232-582: The Middle Ages and earlier. An example is Magna Carta , an English legal charter agreed between the King and his barons in 1215. In the early modern period , there was renewed interest in Magna Carta . English common law judge Sir Edward Coke revived the idea of rights based on citizenship (see history of citizenship ) by arguing that Englishmen had historically enjoyed such rights . The Petition of Right 1628 ,
3333-426: The Namadgi National Park , which comprises the majority of land area of the territory. Despite a common misconception, the Jervis Bay Territory is not part of the ACT, although the laws of the Australian Capital Territory apply as if Jervis Bay did form part of the ACT. The territory has a relatively dry, continental climate, experiencing warm to hot summers and cool to cold winters. The Australian Capital Territory
3434-554: The National Capital Planning and Development Committee was replaced by the National Capital Development Commission in 1957. The National Capital Development Commission ended four decades of disputes over the shape and design of Lake Burley Griffin and construction was completed in 1964 after four years of work. The completion of the centrepiece of Griffin's design finally laid the platform for
3535-646: The Premier of New South Wales , who argued that locating the future capital in New South Wales would be sufficient to ensure the passage of the Bill. The 1899 referendum on this revised bill was successful and passed with sufficient numbers. Section 125 of the Australian Constitution thus provided that, following Federation in 1901, land would be ceded freely to the new federal government . This, however, left open
3636-817: The United States Bill of Rights was ratified in 1791. The U.S. Constitution and Bill of Rights were influenced by British constitutional history . Inspired by the Age of Enlightenment , the Declaration of the Rights of Man and of the Citizen asserted the universality of rights. It was adopted in 1789 by France's National Constituent Assembly , during the period of the French Revolution . The 20th century saw different groups draw on these earlier documents for influence when drafting
3737-792: The Universal Declaration of Human Rights , the European Convention on Human Rights and the United Nations Convention on the Rights of the Child . The constitution of the United Kingdom remains uncodified. However, the Bill of Rights 1689 is part of UK law. The Human Rights Act 1998 also incorporates the rights contained in the European Convention on Human Rights into UK law. In the 21st century, there were proposals for
3838-473: The Weimar Constitution , which made human rights only an objective, the eternity clause and Articles 1 and 20 make specific demands of "all state authority" regarding "human rights" (that is, "the basic rights" guaranteed in "this Basic Law") and have established specific legislative , executive and judicial organs in "the constitutional order" of "this Basic Law", each with separate functions bound by
3939-505: The law . These are "the basic principles" of the democratic rule of law (German: Rechtsstaat ) and the separation of powers , which are principles endorsed by three United Nations resolutions . The Greek eternity clause is Article 110 of the Greek Constitution . This article states that every article of the Constitution can be revised by the Parliament , with the exception of the fundamental ones, which establish Greece as
4040-438: The term limit and the duration of the presidential term. Article 226 of the Constitution of Egypt , defining the amendment procedure, ends with an entrenched clause stating that "In all cases, texts pertaining to the re-election of the president of the republic or the principles of freedom and equality stipulated in this Constitution may not be amended, unless the amendment brings more guarantees." This clause failed to block
4141-427: The 19th century. In 1898, a referendum on a proposed Constitution was held in four of the colonies – New South Wales , South Australia , Tasmania , and Victoria . Although the referendum achieved a majority in all four colonies, the New South Wales referendum failed to gain the minimum number of votes needed for the bill to pass. Following this result, a meeting of the four Premiers in 1898 heard from George Reid ,
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4242-420: The ACT has been cleared for grazing and is also burnt off by bushfires several times per century. The kinds of plants can be grouped into vascular plants , that include gymnosperms , flowering plants, and ferns , as well as bryophytes , lichens , fungi and freshwater algae . Four flowering plants are endemic to the ACT. Several lichens are unique to the territory. Most plants in the ACT are characteristic of
4343-400: The ACT, including the Australian National University , the University of Canberra , the University of New South Wales , Charles Sturt University and the Australian Catholic University . A locally elected legislative assembly has governed the territory since 1988. However, the Commonwealth maintains authority over the territory and may overturn local laws. It still maintains control over
4444-407: The Constitution establishing the form of the state as a Republic, the provisions in Article 2 on the characteristics of the Republic, and the provision of Article 3 shall not be amended, nor shall their amendment be proposed." Article X of the Constitution of Bosnia and Herzegovina , defining the amendment procedure, provides in paragraph 2 that the rights and freedoms as established in Article II of
4545-407: The Constitution may not be eliminated or diminished, and that the paragraph 2 itself may not be altered. Article 9 of the Czech Constitution , which concerns supplementing and amending the Constitution, states that "the substantive requisites of the democratic, law-abiding State may not be amended". This provision was invoked in 2009 when the Constitutional Court of the Czech Republic struck down
4646-421: The Constitution, this provision may only be changed by a referendum (and such a referendum could only be organized after obtaining a 3/5 supermajority in the parliament). This provision, however, does not prevent Estonia from being a member of the European Union and delegating some of its decision-making power to central EU institutions as long as "fundamental constitutional principles" are not breached (according to
4747-413: The Electoral Act relating to the redistribution of electoral boundaries, the voting age, and the secret ballot , may only be altered either by three-quarters of the entire membership of the House of Representatives, or by a majority of valid votes in a popular referendum . However, Section 268 is not itself protected by this provision, so a government could legally repeal Section 268 and go on to alter
4848-425: The European communities of Ginninderra, Molonglo and Tuggeranong settled and farmed the surrounding land. The region was also called the Queanbeyan - Yass district, after the two largest towns in the area. The villages of Ginninderra and Tharwa developed to service the local agrarian communities. During the first 20 years of settlement, there was only limited contact between the settlers and Aboriginal people. Over
4949-430: The Irish taking control of advice to the Governor-General, and when the Senate proved obstructive, its abolition. In debate surround 2018 relaxation of abortion laws there were proposals to entrench certain aspects of the legislation, which was deemed unconstitutional. An attempt to overturn the 34th Amendment to the constitution on the basis that amendments were impermissible if they contradicted other provisions of
5050-412: The Malays special privileges; Article 181 covers the position of the Malay rulers ; and Part III deals with matters of citizenship. The restrictions, which even covered Members of Parliament, made the repeal of these sections of the Constitution unamendable or repealable by de facto ; however, to entrench them further, the Act also amended Article 159(5), which covers Constitutional amendments, to prohibit
5151-478: The Naas and Murrumbidgee Rivers. In September 2022, it was announced that the border between NSW and the ACT would change for the first time since it was created in 1911. ACT chief minister Andrew Barr said NSW premier Dominic Perrottet had agreed to a proposed border change of 330 ha (1.3 sq mi) in the Ginninderra watershed. The territory has a relatively dry, continental climate, experiencing warm to hot summers and cool to cold winters. Under
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#17329021420695252-470: The Republic, the citizen who has performed under any title in consequence of which she/he cannot be President of the Republic in the subsequent period." This unmodifiable article played an important role in the 2009 Honduran constitutional crisis . Article V of the United States Constitution temporarily shielded certain clauses in Article I from being amended. The first clause in Section 9, which prevented Congress from passing any law that would restrict
5353-479: The Spaniards), or the Second Title (the Monarchy ), as well as drafting a full new Constitution replacing the current, would require a two-thirds majority of both chambers, an immediate new general election, a two-thirds majority of the newly elected chambers, and a final referendum. Constitutional amendments cannot be introduced during wartime or a state of emergency . The doctrine of parliamentary supremacy holds that Parliament may pass any law it wishes, with
5454-451: The States of Australia which have their own constitutions, territories like the ACT are governed under a Commonwealth statute —for the ACT, the Australian Capital Territory (Self-Government) Act 1988 . The Self-Government Act constitutes a democratic government for the Territory consisting of a popularly elected Legislative Assembly which elects a Chief Minister from among its membership who, in turn, appoints an Executive consisting of
5555-432: The Territory is vested in the unicameral Legislative Assembly . The Assembly consists of 25 members who are elected from five electorates using the Hare-Clark single transferable voting system. The Assembly is presided over by the Speaker (currently the Labor Party's Joy Burch ). The Assembly has almost all of the same powers as the state parliaments, the power to "make laws for the peace, order, and good government of
5656-444: The Yass-Canberra region. The territory was transferred to the federal government by New South Wales in 1911, two years prior to the capital city being founded and formally named as Canberra in 1913. While the overwhelming majority of the population resides in the city of Canberra in the ACT's north-east, the territory also includes some towns such as Williamsdale , Oaks Estate , Uriarra , Tharwa and Hall . The ACT also includes
5757-425: The abolition of the National Capital Development Commission and the formation of a locally elected government. Punch recommended that the Hawke government accept the report's recommendations and subsequently Clyde Holding introduced legislation to grant self-government to the territory in October 1988. The enactment on 6 December 1988 of the Australian Capital Territory (Self-Government) Act 1988 established
5858-408: The amending of the aforementioned Articles, as well as Article 159(5), without the consent of the Conference of Rulers — a non-elected body comprising the rulers of the Malay states and the governors of the other states. Section 268 of the Electoral Act (part of the Constitution of New Zealand ) declares that the law governing the maximum term of Parliament, along with certain provisions of
5959-402: The area known as the Parliamentary Triangle through the National Capital Authority . Residents of the territory elect three members of the House of Representatives and two senators . With 453,324 residents, the Australian Capital Territory is the second smallest mainland state or territory by population. At the 2016 census , the median weekly income for people in the territory aged over 15
6060-420: The article itself and certain other articles cannot be changed in any circumstances. Article 374 of the Honduras Constitution asserts this unmodifiability, stating, "It is not possible to reform, in any case, the preceding article, the present article, the constitutional articles referring to the form of government, to the national territory, to the presidential period, the prohibition to serve again as President of
6161-444: The articles later entrenched, Article 153 , was initially intended to be subject to a sunset clause . However, after the May 13 incident of racial rioting in 1969, Parliament passed the Constitution (Amendment) Act 1971. The Act permitted criminalisation of the questioning of Articles 152, 153, 181, and Part III of the Constitution. Article 152 designates the Malay language as the national language of Malaysia; Article 153 grants
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#17329021420696262-430: The body of the Constitution of Spain can be modified by a three-fifths majority of both chambers of the Cortes Generales , or an absolute majority of the Senate and a two-thirds majority of the Congress of Deputies if the first method of approval fails. However, modifications of the Preliminary Title (sovereignty and constitutional principles), the First Section of the First Title (fundamental rights and liberties of
6363-460: The capital city of Australia, is situated within the territory, and serves as the territory's primate city . It is located in southeastern Australian mainland as an enclave within the state of New South Wales . Founded after Federation as the seat of government for the new nation, the territory hosts the headquarters of all important institutions of the Australian Government , most notably Parliament House . On 1 January 1901, federation of
6464-442: The clause was used by plaintiffs at the Federal Constitutional Court challenging constitutional amendments that affected Articles 1, 10, 19, 101, and 103 regarding restrictions of legal recourse. Although these basic principles are protected from being repealed, their particular expression may still be amended, such as to clarify, extend or refine an entrenched principle. The Parlamentarischer Rat (Parliamentary Council) included
6565-399: The colonies of Australia was achieved. Section 125 of the new Australian Constitution provided that land, situated in New South Wales and at least 100 miles (160 km) from Sydney , would be ceded to the new federal government . Following discussion and exploration of various areas within New South Wales, the Seat of Government Act 1908 was passed in 1908 which specified a capital in
6666-409: The committee. During this time, Prime Minister Robert Menzies regarded the state of the national capital as an embarrassment. After World War II, there was a shortage of housing and office space in Canberra. A Senate Select Committee hearing was held in 1954 to address its development requirements. This Committee recommended the creation of a single planning body with executive power. Consequently,
6767-427: The components of the basic structure. Article 37 on Chapter 16 of the Constitution of Indonesia governs the constitutional amendment procedure, yet it also specifies that the status of Indonesia as a unitary state is unmodifiable. The Ministry of Home Affairs , the Ministry of Defense as well as the Ministry of Foreign Affairs is also stated within the Constitution to not be dissolvable. The final Article of
6868-423: The composition of the Senate. However, the text of the clause would indicate that the size of the Senate could be changed by an ordinary amendment if each state continued to have equal representation. Alternatively, Article V theoretically could be amended to remove such an entrenched clause designation, and then the clause could be amended itself. The Crittenden Compromise and Corwin Amendment , both proposed in
6969-442: The constitution was rejected by the Court of Appeal. Article 139 of the Constitution of Italy , which came into effect in 1948, provides that the republican form of government shall not be a matter for constitutional amendment. In the Constitution of Portugal , an eternity clause exists in the form of article 288. Titled Material limits on revision , it provides that the following can never be removed through amendment: Most of
7070-431: The construction of a road from Sydney to the Goulburn plains. While working on the project, Charles Throsby learned of a nearby lake and river from the local Indigenous peoples and he accordingly sent Wild to lead a small party to investigate the site. The search was unsuccessful, but they did discover the Yass River , and it is surmised that they would have set foot on part of the future territory. A second expedition
7171-405: The development of Griffin's Parliamentary Triangle . In 1978, an advisory referendum was held to determine the views of ACT citizens about whether there should be self-government. Just under 64 percent of voters rejected devolved government options, in favour of the status quo. Nevertheless, in 1988, the new minister for the Australian Capital Territory Gary Punch received a report recommending
7272-530: The entrenched portions of law, both with a simple majority in Parliament. In Sri Lanka, the Constitution includes entrenched provisions that require both a two-thirds majority in Parliament and a nationwide referendum for amendment. These entrenched provisions, specified in Article 83 of the Constitution, include the following: Article 4 of the Constitution of Turkey states that the "provision of Article 1 of
7373-436: The entrenchment clause could be removed (through normal legislative amendment) by later parliaments. The Commonwealth Constitution is entrenched as it may only be amended by referendum; the amendment must gain the support of a majority of Australian voters nationwide, plus a majority of voters in a majority of states. These provisions are specified in section 128 . The Imperial Parliament's power to amend it in Australian law
7474-629: The eternity clause in its Basic Law specifically to prevent a new "legal" pathway to a dictatorship as was the case in the Weimar Republic with the Enabling Act of 1933 and Article 48 of the Weimar Constitution . It is not lawful for any political party, any legislation or any national commitment to violate "the basic principles" of "this Basic Law" laid down in Articles 1 and 20. Furthermore,
7575-463: The exception that it cannot bind its successors (or be limited by its predecessors). Moreover, the UK's constitution is uncodified , being contained instead in informal conventions, standing orders of the two Houses of Parliament , and ordinary legislation (in particular Acts of Parliament ). Therefore, the constitution is unentrenched as previous legislation can be amended by the passing of statute, requiring
7676-436: The framework for self-government. The first election for the 17-member Australian Capital Territory Legislative Assembly was held on 4 March 1989. The initial years of self-government were difficult and unstable. A majority of ACT residents had opposed self-government and had it imposed upon them by the federal parliament. At the first election, 4 of the 17 seats were won by anti-self-government single-issue parties due to
7777-615: The ideas of 19th-century American economist Henry George , leaseholders had to pay 5% of the unimproved value of the underlying land in rent until the Gorton government abolished it in 1970. In 1911, an international competition to design the future capital was held; it was won by the Chicago architect Walter Burley Griffin in 1912. The official naming of Canberra occurred on 12 March 1913 and construction began immediately. After Griffin's departure following difficulty in implementing his project,
7878-572: The importation of slaves prior to 1808, and the fourth clause in that same section, a declaration that direct taxes must be apportioned according to the state populations, were explicitly shielded from constitutional amendment prior to 1808. Article V also shields the first clause of Article I, Section 3, which provides for equal representation of the states in the United States Senate , from being amended. This has been interpreted to require unanimous ratification of any amendment altering
7979-416: The maximum number of terms an individual can serve. Entrenched clauses of the Constitution of Brazil are listed in Article 60, Paragraph 4: No proposal of amendment shall be considered which is aimed at abolishing: There are other clauses that implicitly cannot be amended, mostly because they are dependent of the subjects above. The amendment formula for the Constitution of Canada (sections 38-49 of
8080-552: The months leading up to the Civil War but never passed, would have enshrined slavery in the Constitution and prevented Congress from interfering with it. As Australian Parliaments have inherited the British principle of parliamentary sovereignty , they may not entrench themselves by a regular act. Therefore, the entrenchment of the national flag in the Flags Act of 1953 is without force as
8181-442: The north-eastern corner of this area. The Australian Capital Territory includes the city of Canberra and some towns such as Williamsdale , Oaks Estate , Uriarra Village , Tharwa and Hall . The Australian Capital Territory also contains agricultural land ( sheep , dairy cattle , vineyards and small amounts of crops) and a large area of national park ( Namadgi National Park ), much of it mountainous and forested. Tidbinbilla
8282-474: The only way that Articles 1 and 20 can be removed is through Article 146, which requires "a constitution that is adopted by a free decision of the German People". So long as the principles of Articles 1 and 20 are retained, they may be amended (as Article 20 has indeed been amended to establish a ' right of resistance '), but the full protection of the eternity clause does not extend to such amendments. Unlike
8383-499: The procedure used to enact it or due to the content of its provisions. Entrenched clauses are, in some cases, seen as justified as protecting the rights of a minority from the dangers of majoritarianism . In other cases, the objective may be to prevent amendments to the constitution that would pervert the fundamental principles it enshrines. However, entrenched clauses are often challenged by their opponents as being undemocratic. The Algerian Constitution of 2016 contains clauses about
8484-449: The question of where to locate the capital. In 1906 and after significant deliberations, New South Wales agreed to cede sufficient land on the condition that it was in the Yass - Canberra region, this site being closer to Sydney. Initially, Dalgety, New South Wales remained at the forefront, but Yass-Canberra prevailed after voting by federal representatives. The Seat of Government Act 1908
8585-458: The region before settlement was undertaken by Allan Cunningham in 1824. He reported that the region was suitable for grazing and the settlement of the Limestone Plains followed immediately thereafter. The first land grant in the region was made to Joshua John Moore in 1823, and European settlement in the area began in 1824 with the construction of a homestead by his stockmen on what is now
8686-690: The role of Islam in the nation's law, and the role of the King of Morocco in law. There are several examples of entrenched clauses that ultimately failed in their objectives, since their protections were undermined in unintended ways. For instance, the South Africa Act , the initial constitution of the Union of South Africa , contained entrenchment clauses protecting voting rights in the Cape Province , including those of some Coloureds , that required two-thirds of
8787-562: The south, the Wandadian to the east, the Gandangara to the north and the Wiradjuri to the north-west. Following European settlement, the growth of the new colony of New South Wales led to an increasing demand for arable land . Governor Lachlan Macquarie supported expeditions to open up new lands to the south of Sydney . The 1820s saw further exploration in the Canberra area associated with
8888-456: The special Constitution Amendment Act passed on a referendum in 2003). The French Constitution states in Title XVI, Article 89, On Amendments to the Constitution, "The republican form of government shall not be the object of any amendment" thus forbidding the restoration of the monarchy or the empire . The German eternity clause (German: Ewigkeitsklausel ) is Article 79 paragraph (3) of
8989-560: The state religion. Another example of entrenchment would be the entrenching of portions of the Malaysian Constitution related to the Malaysian social contract , which specifies that citizenship be granted to the substantial Chinese and Indian immigrant populations in return for the recognition of a special position for the indigenous Malay majority. The Constitution did not initially contain an entrenched clause; indeed, one of
9090-455: The succeeding years, the Ngunnawal and other local indigenous people effectively ceased to exist as cohesive and independent communities adhering to their traditional ways of life. Those who had not succumbed to disease and other predations either dispersed to the local settlements or were relocated to more distant Aboriginal reserves set up by the New South Wales government in the latter part of
9191-426: The territory. Much higher rainfall occurs in the mountains to the west of Canberra compared to the east. The mountains act as a barrier during winter with the city receiving less rainfall. Average annual rainfall in the territory is 629mm and there is an average of 108 rain days annually. The wettest month is October, with an average rainfall of 65.3mm, and the driest month is June, with an average of 39.6mm. Frost
9292-595: The time, these were the oldest fossils discovered in Australia, though this record has now been far surpassed. Other specific geological places of interest include the State Circle cutting and the Deakin anticline . The oldest rocks in the ACT date from the Ordovician around 480 million years ago. During this period the region along with most of Eastern Australia was part of the ocean floor; formations from this period include
9393-614: The world, with an AQI of 7700 (USAQI 949). source 2 = Special climate statements and climate summaries for more recent extremes Notable geological formations in the Australian Capital Territory include the Canberra Formation , the Pittman Formation , Black Mountain Sandstone and State Circle Shale . In the 1840s fossils of brachiopods and trilobites from the Silurian period were discovered at Woolshed Creek near Duntroon . At
9494-458: Was $ 998, significantly higher than the national median of $ 662. The average level of degree qualification in the ACT is also higher than the national average. Within the ACT, 37.1% of the population hold a bachelor's degree level or above education compared to the national figure of 20%. The Australian Capital Territory had the equal fourth highest Human Development Index score (0.976) out of over 1,700 subnational regions in 2022, coming close to
9595-414: Was established to advise the minister for territories on the community's concerns. In 1934, the Supreme Court of the Australian Capital Territory was established. From 1938 to 1957, the National Capital Planning and Development Committee continued to plan the further expansion of Canberra. However, it did not have executive power, and decisions were made on the development of Canberra without consulting
9696-647: Was limited by the Statute of Westminster Adoption Act 1942 and terminated by the Australia Act 1986 . State laws respecting the constitution, powers or procedure of the parliament of a state need to follow any restrictions specified in state law on such acts, by virtue of section 6 of the Australia Act . This power does not extend to the whole constitution of the state, and the Parliament of Queensland has ignored entrenchments in amending its constitution. Consequently, it
9797-630: Was mounted shortly thereafter, and they became the first Europeans to camp at the Molonglo (Ngambri) and Queanbeyan (Jullergung) Rivers. However, they failed to find the Murrumbidgee River . The issue of the Murrumbidgee was solved in 1821 when Throsby mounted a third expedition and successfully reached the watercourse, on the way providing the first detailed account of the land where the Australian Capital Territory now resides. The last expedition in
9898-551: Was never passed. In 1984, Senator Gareth Evans drafted a Bill of Rights, but it was never introduced into parliament, and in 1985, Senator Lionel Bowen introduced a bill of rights, which was passed by the House of Representatives , but failed to pass the Senate . Former Australian Prime Minister John Howard has argued against a bill of rights for Australia on the grounds it would transfer power from elected politicians to unelected judges and bureaucrats . Victoria , Queensland and
9999-471: Was passed in 1908, which repealed the 1904 Act and specified a capital in the Yass-Canberra region. Government surveyor Charles Scrivener was deployed to the region in the same year to map out a specific site and, after an extensive search, settled upon the present location, basing the borders primarily on the need to secure a stable water supply for the planned capital. The Australian Capital Territory
10100-536: Was subsequently repealed and replaced by the Dissolution and Calling of Parliament Act 2022 , which deleted the supermajority requirement altogether and reinstated the government's power to call an election at will. Australian Capital Territory The Australian Capital Territory ( ACT ), known as the Federal Capital Territory ( FCT ) until 1938, is a federal territory of Australia. Canberra ,
10201-491: Was transferred to the Commonwealth by New South Wales on 1 January 1911, two years before the naming of Canberra as the national capital on 20 March 1913. The Commonwealth gained control of all land within the borders of the new territory but ownership only of NSW Crown land, with significant parcels of extant freehold remaining in the hands of their pre-existing owners. Much of this was acquired during World War One , though
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