Constitution of the Commonwealth of Australia

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Preamble

We, the people of Australia, in recognition of the sovereignty of Aboriginal and Torres Strait Islander Peoples as the First Peoples of this land, and in pursuit of a just, inclusive, and sustainable future, establish this Constitution to uphold democracy, equality, freedom, and respect for human dignity.

We commit ourselves to reconciliation, environmental stewardship, the protection of human rights, and a shared national destiny in unity and diversity.

In this spirit, we enact this Constitution for the Commonwealth of Australia.

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Chapter I – The People and the Nation

Section 1: Sovereignty of the People

All political power belongs to the people of Australia, who exercise this power through free and fair democratic processes.

Section 2: Recognition of First Nations Peoples

Aboriginal and Torres Strait Islander Peoples are recognized as the First Peoples of Australia. They hold a unique status as the traditional custodians of the land, with inherent rights to culture, language, land, and self-determination. Their voices shall be central to national identity, governance, and decision-making.

Section 3: National Symbols

The Parliament shall determine national symbols including the flag and anthem through a democratic process. Indigenous languages shall be recognised and protected alongside English as part of Australia’s cultural heritage. National celebrations shall acknowledge the full history of Australia, including colonisation, resistance, and reconciliation.

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Chapter II – Rights and Freedoms

Section 4: Bill of Rights

All persons shall enjoy the following rights, which shall be protected by law and enforceable by the courts:

• Freedom of thought, conscience, religion, and belief: Every individual has the right to hold beliefs and practice religion or non-religion freely.

• Freedom of speech, expression, and the press: Individuals and media organisations have the right to express opinions and report news without censorship, subject only to necessary restrictions to protect others’ rights and public order.

• Freedom of assembly, association, and protest: People may gather peacefully and form associations, including unions and political parties.

• Right to privacy and data protection: Every person has the right to privacy in their communications, personal information, and data.

• Right to life, liberty, and security of person: No one shall be arbitrarily detained, tortured, or subjected to cruel or degrading treatment.

• Equality before the law and protection from discrimination: All people shall be treated equally regardless of race, gender, sexual orientation, disability, age, religion, or background.

• Right to education, healthcare, housing, and social security: The State shall ensure universal access to essential services.

• Right to participate in public affairs and elections: Every adult citizen has the right to vote, run for office, and engage in public policy-making.

• Right to access justice and due process: All individuals shall have access to independent courts and legal representation.

• Right to a clean and sustainable environment: Everyone has the right to live in a healthy ecosystem, and the State must actively protect the environment.

Section 5: Digital and Technological Rights

Citizens shall have:

• Digital privacy and encryption: Individuals shall control access to their digital data and communications.

• Algorithmic transparency and accountability: Public and private entities must disclose the use of algorithmic decision-making that affects individuals’ rights.

• Data sovereignty and protection: Personal data shall not be misused, commodified, or transferred without informed consent.

• Protection from unjust surveillance: Surveillance technologies must be regulated and subject to judicial oversight.

• Access to digital infrastructure: All Australians shall have equal access to high-quality digital services and connectivity.

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Chapter III – Parliament and Governance

Section 6: Structure of Parliament

The Parliament of Australia shall consist of:

• House of Representatives: Elected by the people through proportional representation.

• Senate: Equal representation of states and territories, with a mandate to review legislation and represent regional interests.

Section 7: Executive Government

The Executive shall comprise the Prime Minister and Cabinet, drawn from and accountable to Parliament. Executive decisions must be made transparently and in accordance with the rule of law.

Section 8: Head of State

The Head of State shall be an Australian citizen, elected by the people for a fixed term of five years, performing ceremonial duties, endorsing legislation, and safeguarding constitutional integrity.

Section 9: Elections

All elections shall be conducted under a fair, proportional, and inclusive electoral system, with:

• Universal suffrage for citizens aged 16 and above

• Secret ballot

• Equal access to voting, including remote and digital voting

• Fixed federal terms of four years

• Electoral boundaries determined by an independent commission

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Chapter IV – The Judiciary

Section 10: Judicial Independence

The judiciary shall be independent and impartial, with secure tenure, fair remuneration, and freedom from political influence.

Section 11: High Court of Australia

The High Court shall:

• Interpret and protect the Constitution

• Review laws for human rights compliance

• Adjudicate disputes between federal and state governments

• Serve as the final court of appeal in civil and criminal matters

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Chapter V – First Nations Voice and Treaty

Section 12: First Nations Voice to Parliament

A constitutionally enshrined Voice to Parliament shall:

• Provide non-binding advice on proposed laws and policies affecting First Nations Peoples

• Be composed of representatives chosen by Indigenous communities

• Operate independently and have the right to be heard before laws are passed

Section 13: Treaty Framework

The Parliament shall legislate a national framework for treaty negotiations with First Nations Peoples. Treaties may include:

• Recognition of sovereignty and self-governance rights

• Agreements on land, water, cultural heritage, and education

• Resource-sharing and compensation measures

• Institutional mechanisms for dispute resolution and implementation

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Chapter VI – Federation and States

Section 14: Federal Structure

Australia shall remain a federation of states and territories. Powers shall be distributed in accordance with the principle of subsidiarity, ensuring decisions are made at the most effective level of government.

Section 15: National Standards

The Commonwealth shall guarantee universal minimum standards in public services including:

• Healthcare

• Education

• Housing

• Public transport

• Emergency response systems

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Chapter VII – Climate and Future Generations

Section 16: Duty of Climate Stewardship

The government shall:

• Enact laws that reduce emissions in line with scientific targets

• Protect biodiversity and ecosystems

• Promote renewable energy and sustainable development

• Consider the impact of all legislation on future generations

• Establish an independent Climate Commission to monitor compliance

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Chapter IX – Economic Justice and Social Equity

Section 17: Right to Economic Security and Dignity

Every person has the right to economic security and a dignified standard of living, including access to income, employment opportunities, and basic social protection.

Section 18: Equitable Distribution of Wealth

The Commonwealth shall promote a fair and equitable distribution of national wealth and resources. To achieve this, Parliament shall enact laws and policies that:

• Ensure progressive taxation and equitable public revenue systems;

• Prevent extreme income and wealth inequality;

• Guarantee universal access to essential services including education, healthcare, housing, and social security;

• Support equitable access to employment, training, and entrepreneurship opportunities;

• Ensure the fair sharing of national resource wealth, including royalties, dividends, and public assets.

Section 19: Social Safety and Universal Access

All Australians shall be entitled to:

• A guaranteed minimum standard of living through social support mechanisms;

• Access to childcare, aged care, disability support, and essential goods and services;

• Equal participation in economic life regardless of background or location.

Section 20: Economic Rights Oversight Commission

An independent Economic Rights Commission shall be established to:

• Monitor compliance with constitutional economic obligations;

• Report annually to Parliament and the public on indicators of wealth equity, poverty reduction, and income distribution;

• Recommend legislative and policy reforms to ensure economic justice.

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Chapter IX – Transparency and Accountability

Section 21: Independent Commissions

Constitutionally established bodies shall include:

• Electoral Commission: To manage elections and voting systems

• National Integrity Commission: To investigate corruption and misconduct

• Public Sector Ombudsman: To protect citizens’ rights in public administration

Section 22: Emergency Powers

Emergency powers shall:

• Be time-limited and proportional

• Be subject to parliamentary approval

• Be reviewable by courts

• Not override fundamental human rights unless strictly necessary

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Chapter X – Amendment and Review

Section 23: Constitutional Amendment

Amendments to this Constitution shall require approval by: (a) A majority of voters nationwide, and
(b) A majority of voters in a majority of states.

Section 24: Constitutional Review Assembly

Every 25 years, a Constitutional Review Assembly shall be convened to:

• Assess the operation of the Constitution

• Recommend reforms for public debate

• Enhance democratic participation and legal adaptability