The Australian Legal and Governmental System
- Australia
- 02/22/2002
- Ian Cunliffe Legal Counsel & Strategy
Australia has a democratic, federal system of government that is a hybrid of the US and British systems. At the federal government level there is a Parliament, consisting of a House of Representatives and a Senate, along US lines. But the political head of government is the Prime Minister and Cabinet, and a Governor General represents the Queen. In addition, the strength of the political party system, and the major divide between Labor and Conservatives owes more to the British example.
Like the US and unlike Britain, we have a written Constitution, which has some similarities with the US Constitution. As in the US, the Australian Constitution enumerates powers about which the federal legislature can make laws. The residue is left to the States. In the event of overlap, the federal law prevails. The Constitution ensures there is a “common market” within Australia. Australia has no equivalent to the US Bill of rights, although a few rights get some protection in the Australian Constitution.
Australia has six States and two internal Territories, including the Capital Territory, equivalent to the District of Columbia. Five of the States also have two Houses of Parliament each. Queensland and the two Territories each have only one – the Legislative Assembly.
The Australian judicial system is also a hybrid of the US and British systems. The highest court, equating to the US Supreme Court, is the High Court of Australia. As in the US, it sits on top of dual federal and State court systems.
In addition, at both federal and State levels there are administrative tribunals that are probably correctly classified as part of the executive branch.
Admission to legal practice is mainly administered at the State level. The predominant way to become a practising Australian lawyer is to do a law degree, and then to do some more practical post-graduate training. As in Britain, Australian lawyers divide into barristers and solicitors, although a few Australian lawyers span that divide. Solicitors often group together in firms – ranging from very large firms even by US and British standards to very small. Barristers are sole practitioners.
