We, the people of the Commonwealth of Australia, a Federation which was constituted under the Act of the British Parliament (63 and 64 Victoria, Chapter 12) dated the ninth day of July 1900, have agreed to adopt this new Australian Constitution governing the Federal Commonwealth Parliament, the Government, and all the Courts of our Nation, in accordance with our beliefs, as set out in this Preamble.
In setting out these fundamental beliefs and principles governing the application of this Constitution, this Preamble must always be treated as an integral part of the Constitution in the formulation of Laws and Judicial decisions.
WE hold to the belief that all Australians, including the descendants of the original Aborigine inhabitants, are created equal under the rule of Law, that we are endowed with certain inalienable rights; these include the right to life, liberty, responsible free speech, ownership of property, self defence and the pursuit of happiness. It is the responsibility of every elected member of the Parliament to guarantee, under oath, that these Rights are sustained.
All Rights are ordained as the possession of the people, but in the interest of our society and the Commonwealth of Australia, those rights come with the responsibility not to unlawfully encroach on the rights of anyone else.
WE further hold to the belief in the Rule of Law as the only viable option for a Democratic Society. This belief is based upon the universal values contained in our historical Common Law heritage. This heritage is derived from the Great Charters of England, handed down to us through the centuries as part of the development of British Common Law and subsequently incorporated into Australian Common Law. While it is recognised that laws do impact on the unrestrained rights of the people, this Constitution defines good Government as subordinating all laws to maximising the concept of individual freedom for the people legitimately living in this nation.
WE hold these values to be inviolate and that no Parliament, or Court of the Commonwealth of Australia, shall have the right to deny, or rescind, the inherited rights, freedoms and obligations of any Australian citizen as provided by our Common Law heritage.
WE, the people of Australia, hereby declare that we are a sovereign independent Nation made up of Australian States and Territories.
WE, the people of Australia, further declare that our Parliamentary system shall comprise of an Australian Council, a House of Representatives and a House of Senators, each of which shall be formed and function in the manner set down in this Constitution.
WE also declare that the Government of Australia shall be vested and maintained in the four principal, non-political areas covered by the Public Service Departments, the Police Service, all sections of the Judiciary and the Defence Forces of Australia.
All Members of the Australian Council, as well as every Member of the Australian Parliamentary system, and of each of the Government Services designated above, shall at all times, be responsible to the People of Australia and shall, as provided for in this Constitution, swear to such allegiance by the Oath of Office contained herein. Any infringement of this sworn obligation shall be open to challenge through all legitimate means, including the Citizen’s Recall procedures as set out in the Constitution.
WE, the people of Australia, declare that the responsibility for the Government of the Commonwealth of Australia shall be vested in the Members of the House of Representatives whom shall appoint, or elect, from their membership, a Prime Minister, with the powers and authority as specified in this Constitution.
The Prime Minister shall then select Members from either House of Parliament to act as Ministers in charge of the various Government Departments; with the duties and responsibilities, as provided for in this Constitution. No one person shall be a Minister of more than two such Government Departments at any one time.
The Ministers selected by the Prime Minister, shall form an Executive Cabinet with the duties and responsibilities as set out in this Constitution.
The High Court of Australia shall be as provided for in this Constitution and any judicial decisions relating to this Constitution must be with the unanimous agreement of all the Judges hearing the case.
In the light of the changes that are taking place in our modern society, a periodic Constitutional Review process involving public participation is included in the Constitution to ensure it is kept relevant and up to date,
Every part of the Constitution, as listed in the Contents, shall only be amended by a nationwide Referendum, unless there is specific provision for either, or both Houses of Parliament, to make changes. The purpose of any such provision is limited to keeping the Constitution up to date, and retaining a relevance to the changing society. Every such provision is specific in its application, and cannot be subverted to a wider application unless approved at a Referendum.
The power to set aside this Constitution, or its respective provisions, is not granted under any circumstances.