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ARTICLE · 20 JANUARY 2023

What is contained in the Australian Constitution, anyway?

The Australian Constitution provides the rules of how government is formed and the processes by which it should govern.

AustraliaGovernment, Public Sector

The Australian Constitution is the founding document of the nation, which provides the basic rules of how government is formed and the processes by which it should govern.

The fundamental law within it, however, differs starkly to the reality of how the nation's governing body operates on the ground.

The difference between the governing rules within the Constitution, which was established via a 1900 Act of British Parliament, and how government actually functions is attributable to the use of conventions: unwritten rules, not laws, which are an accepted way of doing something.

The scandal that erupted last year around former PM Scott Morrison having had the governor general David Hurley secretly swear him in as the dual administrator of five ministries that weren't his own, exposed the pitfalls of operating under such conventions, which can easily be corrupted.

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