Business Law, Minor Essay 1000 words Example | Topics and Well Written Essays - 1000 words

Business Law, Minor 1000 words - Essay Example The essential characteristics of a federal constitution is the supremacy of a written constitution. A natural corollary of a written constitution, is its rigidity. It ensures the authority of courts, appointment of governors and the parliament's power to legislate in matters of national interest. It may, however be clearly understood that the nature of federalism is more of a historical background based on a nation's necessity .The Australian federal system has generally worked satisfactorily even though it had undergone substantial changes in the years following its establishment. The debate today Is about its future .There is a general consensus that the Australian federal system does not work as well as it should, keeping in view the commercial operations, management and administrative environment. The question for the commonwealth and the state government is not only to enhance its performance and reputation but also to secure a better future, independent of the monarchy ."Austra lia is already a republic by any reasonable test- a state in which sovereignty is derived from the people. The one element in the constitution not consistent with a republic is the crown."( Turnbull m,1993). It is a system of government where the power comes from the people and all offices are accountable to the masses . The genre of contemporary political leaders also wish to see their country transforming into a republic as also said by the labor party candidate - Kevin Rudd. The implications of the republic debate is subtle but important. It implicates that Australia would legally be independent of Britain, which many believe is still a far fetched theory. Even Mr. Rudd has turned his boats back and has now decided that a referendum on a republic would not occur in the first term of a Labor government. Hence, " the theory of republicanism is on comatose and on life support" ( The Australian,2007). The legal issues involved in the process is full of complexes, to be achieved instantaneously .It starts with the Australian constitution itself . Section 1 of the Constitution states that the Legislative power of the Commonwealth is vested in a Federal Parliament which consists of "the Queen, a Senate and a House of Representatives ". ( Pylee 2006 , p.147) Section 2 goes on to provide that the Queen's representative shall be a Governor-General who holds office "during her pleasure" . Also sections 58 & 59 confers extraordinary power over Australian affairs to the Queen. The above sections being only a few declaring the real power of the monarchy