In Melbourne the representatives of five colonies adopted a constitution, which would become the basis of the Commonwealth of Australia.

The Australian colonies—New South Wales, Victoria, Queensland, South Australia, and Tasmania—each adopted their own constitutions in the mid-19th century, establishing a framework for self-government within the British Empire. These constitutions were part of a broader trend towards responsible government, allowing the colonies greater control over local matters while remaining under the authority of the British Crown.

The establishment of these constitutions set the stage for the eventual federation of Australia in 1901, when the colonies united to form the Commonwealth of Australia. Each colony’s constitution served as the foundation for its governance and influenced the development of the Australian Constitution at federation.

Historical Context and Move Toward Self-Government
In the early 19th century, the Australian colonies were largely governed as British penal colonies, under the control of governors appointed by the British Crown. However, as the populations grew and the colonies became more economically self-sufficient, there was a growing push for self-government and legislative autonomy. Inspired by the democratic movements in Britain and elsewhere, the colonies sought to establish their own political systems, reflecting the needs and interests of their residents.

Demand for Representative Government: Settlers and free citizens increasingly demanded representation and control over local issues like land ownership, taxation, and law enforcement. The first step was the establishment of legislative councils in each colony, which included some elected members.

Introduction of Responsible Government: In the 1850s, Britain granted the Australian colonies the right to establish responsible government, allowing them to create bicameral parliaments (with an elected assembly and a council) and to hold executive power through ministers who were responsible to the parliament rather than directly to the British Crown.

Constitutions of the Five Colonies
Each colony drafted its own constitution between 1855 and 1890, which was then approved by the British Parliament, granting the colonies the authority to self-govern in most matters.

New South Wales (1855):
New South Wales was the first colony to receive responsible government, adopting its constitution in 1855. The constitution established a bicameral parliament with a Legislative Assembly (lower house) and a Legislative Council (upper house).
The governor of New South Wales retained the power to oversee the colony on behalf of the British Crown, but elected representatives controlled most local affairs.

Victoria (1855):
Victoria, having separated from New South Wales in 1851, adopted its own constitution in 1855. This constitution also established a bicameral legislature, with a House of Assembly and a Legislative Council.
Victoria’s constitution granted considerable powers to the legislature and was based on the British Westminster model, with ministers accountable to the lower house. This set a precedent for the other Australian colonies and their governance structures.

South Australia (1856):
South Australia adopted its constitution in 1856, establishing one of the most progressive legislative bodies at the time, particularly in terms of voting rights. South Australia’s constitution included manhood suffrage, allowing all adult male citizens to vote, regardless of property ownership.
South Australia was also unique in having an elected upper house, which was a departure from the norm, as most upper houses in other colonies were appointed rather than elected.

Tasmania (1856):
Tasmania, initially known as Van Diemen’s Land, adopted its constitution in 1856. Similar to New South Wales and Victoria, it created a bicameral parliament, with a House of Assembly and a Legislative Council.
The constitution granted the colony responsible government, and while the Legislative Council members were appointed, it laid the foundation for representative governance and self-administration.

Queensland (1860):
Queensland, which separated from New South Wales in 1859, adopted its constitution in 1860. This constitution provided for a bicameral legislature with a Legislative Assembly and a Legislative Council.
Queensland initially had a similar structure to the other colonies, but in 1922, it abolished its Legislative Council, becoming a unicameral state. This made Queensland unique as the only Australian state with a single-chamber parliament.

Key Features of the Colonial Constitutions
Each of the colonial constitutions shared several key features that reflected both British influence and adaptations to local needs.

Bicameral Legislatures: The constitutions established bicameral parliaments, typically consisting of a lower house elected by property-holding citizens (and eventually all adult males) and an upper house, which was often appointed. The lower houses had greater power, reflecting the colonies’ desire for representative governance.

Responsible Government: The concept of responsible government was central to each constitution. Executive authority resided with ministers who were accountable to the legislature, particularly the lower house, ensuring that government policy was determined by elected representatives.

Voting Rights: Voting rights varied between colonies, but there was a general trend toward extending the franchise. South Australia, in particular, was progressive, granting manhood suffrage early on and later becoming the first Australian colony to grant women the right to vote and stand for office in 1894.

Judicial Independence and Rule of Law: Each colony’s constitution included provisions to uphold judicial independence and establish a local court system. These courts operated within the British legal framework, ensuring that colonial governance adhered to the rule of law.

Ties to the British Crown: Although the constitutions granted substantial autonomy, the colonies remained under the British Crown. The British-appointed governor in each colony retained certain powers, including the ability to veto legislation. The British government also had the authority to approve or disallow colonial laws, particularly those related to foreign policy and defense.