The Australian Constitution is the supreme law of the land. It establishes the structure of the federal government and sets out specific limits on its power — yet most Australians have never read it.
Why the Constitution matters
The Constitution defines how Australia is governed and places limits on what governments can lawfully do. It divides power between the Commonwealth and the states, establishes the Parliament, the Executive and the Judiciary, and contains specific protections including the right to trial by jury (s. 80), freedom of religion (s. 116), and protection against unjust acquisition of property (s. 51(xxxi)).
Understanding these provisions is the first step toward recognising when your rights may be affected by government action.
Read it for yourself
The full text of the Australian Constitution is freely available. Reading even the key sections gives you a far stronger foundation than relying on second-hand summaries.
Constitutional challenges and referendums
The Constitution can only be changed through a referendum — a direct vote by the Australian people. Since 1901, only 8 of 44 proposed amendments have been approved. This deliberate difficulty is a safeguard, ensuring that the foundational rules of the nation cannot be altered without broad popular consent.
Questions to ask before taking action
What protections does the Constitution provide? Specific sections guarantee trial by jury, freedom of religion, freedom of interstate trade, and protection from unjust property acquisition.
Can the government override the Constitution? No. A law that is inconsistent with the Constitution can be challenged in the High Court and declared invalid.
What is section 109? When a state law conflicts with a valid Commonwealth law, the Commonwealth law prevails to the extent of the inconsistency.
How is the Constitution changed? Only through a referendum — a national vote requiring a double majority (a majority of voters nationally and a majority of voters in a majority of states).
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Disclaimer: The information provided by Know Your Rights Group is for educational purposes only and does not constitute legal advice. Always seek independent legal advice for your specific situation.