The Constitutional Systems of the Australian States and Territories

Introduction

This chapter outlines the constitutional systems of each of the Commonwealth's 10 territories. Of the five inhabited territories, only three have self-government: the Australian Capital Territory, the Northern Territory and Norfolk Island. The other two territories, Christmas Island and the Cocos (Keeling) Islands, are directly administered by the Commonwealth. For each of the three self-governing territories, consideration is given to their constitutional history, self-government structure and powers, restrictions on power, representation (if any) in the Commonwealth Parliament, and future development. Each of these self-governing territories possesses a ‘Constitution’, both in the narrow sense of a formal Constitution, and in the broader sense which includes unwritten constitutional principles and conventions. Each formal Constitution assumes these conventions, while allowing for other conventions to evolve.

It is surprising the term ‘constitution’ is not commonly used in relation to the self-governing territories. The fact these Constitutions were drafted by the Commonwealth with no public consultation nor referendum approval and are capable of being altered by the Commonwealth as ordinary legislation, may explain but cannot justify this phenomenon. Indeed, in many respects their written constitutions are a superior version to most formal State Constitutions which retain their anachronistic 19th century language, fail to acknowledge significant fundamental constitutional principles like responsible government, and are almost entirely flexible (that is, not entrenched). The written Constitutions of the self-governing territories suffer few of these deficiencies. As organic documents, they deserve recognition as their Territory's ‘Constitution’.