This chapter presents an introduction to Australian constitutional law. This chapter begins by examining the various forms a Constitution can take and the purposes a Constitution may serve. This chapter also examines the process by which Australia achieved constitutional independence from the United Kingdom. This chapter considers the more conceptual questions of why the Australian Constitution was binding in 1901 and why the Australian Constitution is binding today. This chapter also considers a number of key principles underlying the Australian Constitution: the rule of law, federalism, responsible government, and parliamentary supremacy. This chapter concludes with a consideration of the place of Aboriginal and Torres Strait Islander peoples in Australian constitutionalism.

Federation is an inherently flexible form of political organisation that involves ongoing negotiation, coordination and compromise to meet changing local and temporal conditions.The history of Australian Federation illustrates this: from the origins of the federal idea in the mid-nineteenth century, amid the emergence of quasi-federal arrangements within the British Empire (1847-1890); to the creative outcomes of Australia’s constitution-making decade, when American and other influences garnered attention (1891-1901); and through the subsequent outworkings of the Australian Constitution as it has been interpreted and applied alongside the growth of the nation. The proven adaptability of Federation may inform contemporary approaches to the constitutional recognition of Australia’s First Peoples.