ABSTRACT

This chapter outlines the Australian constitutional and governmental framework, and argue that it acts as a dynamic and adaptable system. Understanding the institutional framework for governing is important for understanding the framework within which decisions are made and implemented in Australian politics and how people can interact with and participate in the political system. The constitutional framework is capable of changing in many ways, including via High Court interpretation, policy shifts and peoples engagements between and within institutions. The setting up of an independent judiciary in the High Court does entrench a separation of powers between judicial powers on the one hand and legislative and executive powers on the other. The jurisdiction granted to the High Court allows it to mediate and decide upon disputes between the Commonwealth and the States, to interpret the meaning of the Constitution, and to be the highest decision-maker in interpreting law.