Who led the writing of the Universal Declaration of Human Rights?

The Commission established a special Universal Declaration of Human Rights Drafting Committee, chaired by Eleanor Roosevelt, to write the articles of the Declaration. The Committee met in two sessions over the course of two years.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted by the United Nations General Assembly at its third session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France. Of the then 58 members of the United Nations, 48 voted in favor, none against, eight abstained, and two did not vote.

The Declaration consists of 30 articles affirming an individual's rights which, although not legally binding in themselves, have been elaborated in subsequent international treaties, economic transfers, regional human rights instruments, national constitutions, and other laws. The Declaration was the first step in the process of formulating the International Bill of Human Rights, which was completed in 1966, and came into force in 1976, after a sufficient number of countries had ratified them.

Some legal scholars have argued that because countries have constantly invoked the Declaration for more than 50 years, it has become binding as a part of customary international law. However, in the United States, the Supreme Court in "Sosa v. Alvarez-Machain" (2004), concluded that the Declaration "does not of its own force impose obligations as a matter of international law." Courts of other countries have also concluded that the Declaration is not in and of itself part of domestic law.

The underlying structure of the Universal Declaration was introduced in its second draft, which was prepared by René Cassin. Cassin worked from a first draft, which was prepared by John Peters Humphrey. The structure was influenced by the "Code Napoléon", including a preamble and introductory general principles. Cassin compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns, and a pediment.

The Declaration consists of a preamble and thirty articles:

These articles are concerned with the duty of the individual to society and the prohibition of use of rights in contravention of the purposes of the United Nations Organisation.

During World War II, the Allies adopted the Four Freedoms—freedom of speech, freedom of religion, freedom from fear, and freedom from want—as their basic war aims. The United Nations Charter "reaffirmed faith in fundamental human rights, and dignity and worth of the human person" and committed all member states to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion".

When the atrocities committed by Nazi Germany became fully apparent after World War II, the consensus within the world community was that the United Nations Charter did not sufficiently define the rights to which it referred. A universal declaration that specified the rights of individuals was necessary to give effect to the Charter's provisions on human rights.

In June 1946, the UN Economic and Social Council established the Commission on Human Rights, comprising 18 members from various nationalities and political backgrounds. The Commission, a standing body of the United Nations, was constituted to undertake the work of preparing what was initially conceived as an International Bill of Rights.

Canadian John Peters Humphrey, Director of the Division of Human Rights within the United Nations Secretariat, was called upon by the United Nations Secretary-General to work on the project and became the Declaration's principal drafter. At the time, Humphrey was newly appointed as Director of the Division of Human Rights within the United Nations Secretariat.

Other well-known members of the drafting committee included René Cassin of France, Charles Malik of Lebanon, and P. C. Chang of the Republic of China. Humphrey provided the initial draft that became the working text of the Commission.

According to Allan Carlson, the Declaration's pro-family phrases were the result of the Christian Democratic movement's influence on Cassin and Malik.

Once the Committee finished its work in May 1948, the draft was further discussed by the Commission on Human Rights, the Economic and Social Council, the Third Committee of the General Assembly before being put to vote in December 1948. During these discussions many amendments and propositions were made by UN Member States.

British representatives were extremely frustrated that the proposal had moral but no legal obligation. (It was not until 1976 that the International Covenant on Civil and Political Rights came into force, giving a legal status to most of the Declaration.)

The Universal Declaration was adopted by the General Assembly as Resolution 217 on 10 December 1948 in Palais de Chaillot, Paris, as the third United Nations General Assembly was held there. Of the then 58 members of the United Nations, 48 voted in favour, none against, eight abstained and Honduras and Yemen failed to vote or abstain.

The meeting record provides firsthand insight into the debate. South Africa's position can be seen as an attempt to protect its system of apartheid, which clearly violated several articles in the Declaration. The Saudi Arabian delegation's abstention was prompted primarily by two of the Declaration's articles: Article 18, which states that everyone has the right "to change his religion or belief"; and Article 16, on equal marriage rights. The six communist countries abstentions centred around the view that the Declaration did not go far enough in condemning fascism and Nazism. Eleanor Roosevelt attributed the abstention of Soviet bloc countries to Article 13, which provided the right of citizens to leave their countries.

The 48 countries that voted in favour of the Declaration are:Eight countries abstained:
Two countries did not vote:
Other countries only gained sovereignty and joined the United Nations later, which explains the relatively small number of states entitled to the historical vote, and in no way reflects opposition to the universal principles.

The Declaration of Human Rights Day is commemorated every year on December 10, the anniversary of the adoption of the Universal Declaration, and is known as Human Rights Day or International Human Rights Day. The commemoration is observed by individuals, community and religious groups, human rights organizations, parliaments, governments, and the United Nations. Decadal commemorations are often accompanied by campaigns to promote awareness of the Declaration and human rights. 2008 marked the 60th anniversary of the Declaration, and was accompanied by year-long activities around the theme "Dignity and justice for all of us".

In 1948, the UN Resolution A/RES/217(III)[A] adopted the Declaration on a bilingual document in English and French, and official translations in Chinese, Russian and Spanish. In 2009, the "Guinness Book of Records" described the Declaration as the world's "Most Translated Document" (370 different languages and dialects). The Unicode Consortium stores 431 of the 503 official translations available at the OHCHR ().

In its preamble, governments commit themselves and their people to progressive measures that secure the universal and effective recognition and observance of the human rights set out in the Declaration. Eleanor Roosevelt supported the adoption of the Declaration as a declaration rather than as a treaty because she believed that it would have the same kind of influence on global society as the United States Declaration of Independence had within the United States. In this, she proved to be correct. Even though it is not legally binding, the Declaration has been adopted in or has influenced most national constitutions since 1948. It has also served as the foundation for a growing number of national laws, international laws, and treaties, as well as for a growing number of regional, sub national, and national institutions protecting and promoting human rights.

For the first time in international law, the term “the rule of law” was used in the preamble of the Declaration. The third paragraph of the preamble of the Declaration reads as follows: "Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law."

While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the meaning of the words "fundamental freedoms" and "human rights" appearing in the United Nations Charter, which is binding on all member states. For this reason, the Universal Declaration of Human Rights is a fundamental constitutive document of the United Nations. In addition, many international lawyers believe that the Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles. The 1968 United Nations International Conference on Human Rights advised that the Declaration "constitutes an obligation for the members of the international community" to all persons. The Declaration has served as the foundation for two binding UN human rights covenants: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The principles of the Declaration are elaborated in international treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Elimination of Discrimination Against Women, the United Nations Convention on the Rights of the Child, the United Nations Convention Against Torture, and many more. The Declaration continues to be widely cited by governments, academics, advocates, and constitutional courts, and by individuals who appeal to its principles for the protection of their recognised human rights.

The Universal Declaration has received praise from a number of notable people. The Lebanese philosopher and diplomat Charles Malik called it "an international document of the first order of importance", while Eleanor Roosevelt—first chairwoman of the Commission on Human Rights (CHR) that drafted the Declaration—stated that it "may well become the international Magna Carta of all men everywhere." In a speech on 5 October 1995, Pope John Paul II called the Declaration "one of the highest expressions of the human conscience of our time" but the Vatican never adopted the Declaration. In a statement on 10 December 2003 on behalf of the European Union, Marcello Spatafora said that the Declaration "placed human rights at the centre of the framework of principles and obligations shaping relations within the international community."

Turkey— which was a secular state with an overwhelmingly Muslim population—signed the Declaration in 1948. However, the same year, Saudi Arabia abstained from the ratification vote on the Declaration, claiming that it violated Sharia law. Pakistan—which had signed the declaration—disagreed and critiqued the Saudi position. Pakistani minister Muhammad Zafarullah Khan strongly argued in favor of including freedom of religion. In 1982, the Iranian representative to the United Nations, Said Rajaie-Khorassani, said that the Declaration was "a secular understanding of the Judeo-Christian tradition" which could not be implemented by Muslims without conflict with Sharia. On 30 June 2000, members of the Organisation of the Islamic Conference (now the Organisation of Islamic Cooperation) officially resolved to support the Cairo Declaration on Human Rights in Islam, an alternative document that says people have "freedom and right to a dignified life in accordance with the Islamic Shari'ah", without any discrimination on grounds of "race, colour, language, sex, religious belief, political affiliation, social status or other considerations".

Some Muslim diplomats would go on later to help draft other UN human rights treaties. For example, Iraqi diplomat Bedia Afnan's insistence on wording that recognized gender equality resulted in Article 3 within the ICCPR and ICESCR. Pakistani diplomat Shaista Suhrawardy Ikramullah also spoke in favor of recognizing women's rights.

A number of scholars in different fields have expressed concerns with the Declaration's alleged Western bias. These include Irene Oh, Abdulaziz Sachedina, Riffat Hassan, and Faisal Kutty. Hassan has argued:

What needs to be pointed out to those who uphold the Universal Declaration of Human Rights to be the highest, or sole, model, of a charter of equality and liberty for all human beings, is that given the Western origin and orientation of this Declaration, the "universality" of the assumptions on which it is based isat the very leastproblematic and subject to questioning. Furthermore, the alleged incompatibility between the concept of human rights and religion in general, or particular religions such as Islam, needs to be examined in an unbiased way.

Irene Oh argues that one solution is to approach the issue from the perspective of comparative (descriptive) ethics.

Kutty writes: "A strong argument can be made that the current formulation of international human rights constitutes a cultural structure in which western society finds itself easily at home... It is important to acknowledge and appreciate that other societies may have equally valid alternative conceptions of human rights."

Ironically, a number of Islamic countries that are among the most resistant to UN intervention in domestic affairs, played an invaluable role in the creation of the Declaration, with countries such as Syria and Egypt having been strong proponents of the universality of human rights and the right of countries to self-determination.

Groups such as Amnesty International and War Resisters International have advocated for "The Right to Refuse to Kill" to be added to the Universal Declaration. War Resisters International has stated that the right to conscientious objection to military service is primarily derived from—but not yet explicit in—Article 18 of the UDHR: the right to freedom of thought, conscience, and religion.

Steps have been taken within the United Nations to make this right more explicit, butthose steps have been limited to less significant United Nations documents. Sean MacBride—Assistant Secretary-General of the United Nations and Nobel Peace Prize laureate—has said: "To the rights enshrined in the Universal Declaration of Human Rights one more might, with relevance, be added. It is 'The Right to Refuse to Kill'."

The American Anthropological Association criticized the UDHR while it was in its drafting process. The AAA warned that the document would be defining universal rights from a Western paradigm which would be unfair to countries outside of that scope. They further argued that the West's history of colonialism and evangelism made them a problematic moral representative for the rest of the world. They proposed three notes for consideration with underlying themes of cultural relativism: "1. The individual realizes his personality through his culture, hence respect for individual differences entails a respect for cultural differences", "2. Respect for differences between cultures is validated by the scientific fact that no technique of qualitatively evaluating cultures has been discovered", and "3. Standards and values are relative to the culture from which they derive so that any attempt to formulate postulates that grow out of the beliefs or moral codes of one culture must to that extent detract from the applicability of any Declaration of Human Rights to mankind as a whole."

During the lead up to the World Conference on Human Rights held in 1993, ministers from Asian states adopted the Bangkok Declaration, reaffirming their governments' commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights. They stated their view of the interdependence and indivisibility of human rights and stressed the need for universality, objectivity, and non-selectivity of human rights. However, at the same time, they emphasized the principles of sovereignty and non-interference, calling for greater emphasis on economic, social, and cultural rights—in particular, the right to economic development over civil and political rights. The Bangkok Declaration is considered to be a landmark expression of the Asian values perspective, which offers an extended critique of human rights universalism.

The International Federation for Human Rights (FIDH) is nonpartisan, nonsectarian, and independent of any government, and its core mandate is to promote respect for all the rights set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.

In 1988, director Stephen R. Johnson and 41 international animators, musicians, and producers created a 20-minute video for Amnesty International to celebrate the 40th Anniversary of the Universal Declaration. The video was to bring to life the Declaration's 30 articles.

Amnesty International celebrated Human Rights Day and the 60th anniversary of the Universal Declaration" all over the world by organizing the "Fire Up!" event.

The Unitarian Universalist Service Committee (UUSC) is a non-profit, nonsectarian organization whose work around the world is guided by the values of Unitarian Universalism (UU) and the Universal Declaration of Human Rights. It works to provide disaster relief and promote human rights and social justice around the world.

The Quaker United Nations Office and the American Friends Service Committee work on many human rights issues, including improving education on the Universal Declaration of Human Rights. They have developed a curriculum to help introduce High School students to the Universal Declaration of Human Rights.

In 1997, the council of the American Library Association (ALA) endorsed Article 19 from the Universal Declaration of Human Rights. Along with Article 19, Article 18 and 20 are also fundamentally tied to the ALA Universal Right to Free Expression and the Library Bill of Rights. Censorship, the invasion of privacy, and interference of opinions are human rights violations according to the ALA.

In response to violations of human rights, the ALA asserts the following principles:

Youth for Human Rights International (YHRI) is a non-profit organization founded in 2001 by Mary Shuttleworth, an educator born and raised in apartheid South Africa, where she witnessed firsthand the devastating effects of discrimination and the lack of basic human rights. The purpose of YHRI is to teach youth about human rights, specifically the United Nations Universal Declaration of Human Rights, and inspire them to become advocates for tolerance and peace. YHRI has now grown into a global movement, including hundreds of groups, clubs and chapters around the world.


When was the Australian government formed?

The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states. The terms of this contract are embodied in the Australian Constitution, which was drawn up at a Constitutional Convention and ratified by the people of the colonies at referendums. The Australian head of state is the Queen of Australia who is represented by the Governor-General of Australia, with executive powers delegated by constitutional convention to the Australian head of government, the Prime Minister of Australia.

Government of Australia

The Government of Australia is the government of the Commonwealth of Australia, a federal parliamentary constitutional monarchy. It is also commonly referred to as the Australian Government, the Commonwealth Government, or the Federal Government.

The Government of the Commonwealth of Australia is divided into three branches: the executive branch, composed of the Federal Executive Council, presided by the Governor-General, which delegates powers to the Cabinet of Australia, led by the Prime Minister; the legislative branch, composed of the Parliament of Australia's House of Representatives and Senate; and the judicial branch, composed of the High Court of Australia and the federal courts. Separation of powers is implied by the structure of the Constitution, the three branches of government being set out in separate chapters (chapters I to III). The Australian system of government combines elements of the Westminster and Washington systems with unique Australian characteristics, and has been characterised as a "Washminster mutation".

Section 1 of the Australian Constitution creates a democratic legislature, the bicameral Parliament of Australia which consists of the Queen of Australia, and two houses of parliament, the Senate and the House of Representatives. Section 51 of the Constitution provides for the Commonwealth Government's legislative powers and allocates certain powers and responsibilities (known as "heads of power") to the Commonwealth government. All remaining responsibilities are retained by the six States (previously separate colonies). Further, each State has its own constitution, so that Australia has seven sovereign Parliaments, none of which can encroach on the functions of any other. The High Court of Australia arbitrates on any disputes which arise between the Commonwealth and the States, or among the States, concerning their respective functions.

The Commonwealth Parliament can propose changes to the Constitution. To become effective, the proposals must be put to a referendum of all Australians of voting age, and must receive a "double majority": a majority of all votes, and a majority of votes in a majority of States.

The Commonwealth Constitution also provides that the States can agree to refer any of their powers to the Commonwealth. This may be achieved by way of an amendment to the Constitution via referendum (a vote on whether the proposed transfer of power from the States to the Commonwealth, or vice versa, should be implemented). More commonly powers may be transferred by passing other acts of legislation which authorise the transfer and such acts require the legislative agreement of all the state governments involved. This "transfer" legislation may have a "sunset clause", a legislative provision that nullifies the transfer of power after a specified period, at which point the original division of power is restored.

In addition, Australia has several "territories", two of which are self-governing: the Australian Capital Territory (ACT) and the Northern Territory (NT). These territories' legislatures, their Assemblies, exercise powers devolved to them by the Commonwealth; the Commonwealth Parliament remains able to override their legislation and to alter their powers. Australian citizens in these territories are represented by members of both houses of the Commonwealth Parliament. The territory of Norfolk Island was self-governing from 1979 until 2016, although it was never represented as such in the Commonwealth Parliament. The other territories that are regularly inhabitedJervis Bay, Christmas Island and the Cocos (Keeling) Islandshave never been self-governing.

The federal nature of the Commonwealth and the structure of the Parliament of Australia were the subject of protracted negotiations among the colonies during the drafting of the Constitution. The House of Representatives is elected on a basis that reflects the differing populations of the States. Thus New South Wales has 48 members while Tasmania has only five. But the Senate is elected on a basis of equality among the States: all States elect 12 Senators, regardless of population. This was intended to allow the Senators of the smaller States to form a majority and thus be able to amend or reject bills originating in the House of Representatives. The ACT and the NT each elect two Senators.

The third level of government after Commonwealth and State/Territory is Local government, in the form of shires, towns and cities. The Councils of these areas are composed of elected representatives (known as either councillor or alderman, depending on the State), usually serving part-time. Their powers are devolved to them by the State or Territory in which they are located.

Government at the Commonwealth level and the State/Territory level is undertaken by three inter-connected arms of government:"Separation of powers" is the principle whereby the three arms of government undertake their activities largely separately from each other:Until the passage of the Australia Act 1986, and associated legislation in the Parliament of the United Kingdom of Great Britain and Northern Ireland, some Australian cases could be referred to the British Judicial Committee of the Privy Council for final appeal. With this act, Australian law was made unequivocally sovereign, and the High Court of Australia was confirmed as the highest court of appeal. The theoretical possibility of the British Parliament enacting laws to override the Australian Constitution was also removed.

The Legislature makes the laws, and supervises the activities of the other two arms with a view to changing the laws when appropriate. The Australian Parliament is bicameral, consisting of the Queen of Australia, a 76-member Senate and a 150-member House of Representatives.

Twelve Senators from each state are elected for six-year terms, using proportional representation and the single transferable vote (known in Australia as "quota-preferential voting": see Australian electoral system), with half elected every three years. In addition to the state Senators, two senators are elected by voters from the Northern Territory (which for this purpose includes the Indian Ocean Territories, Christmas Island and the Cocos (Keeling) Islands), while another two senators are elected by the voters of the Australian Capital Territory (which for this purpose includes the Jervis Bay Territory). Senators from the territories are also elected using preferential voting, but their term of office is not fixed; it starts on the day of a general election for the House of Representatives and ends on the day before the next such election.

The members of the House of Representatives are elected by majority-preferential voting using the non-proportional Instant-runoff voting system from single-member constituencies allocated among the states and territories. In ordinary legislation, the two chambers have co-ordinate powers, but all proposals for appropriating revenue or imposing taxes must be introduced in the House of Representatives. Under the prevailing Westminster system, the leader of the political party or coalition of parties that holds the support of a majority of the members in the House of Representatives is invited to form a government and is named Prime Minister.

The Prime Minister and the Cabinet are responsible to the Parliament, of which they must, in most circumstances, be members. General elections are held at least once every three years. The Prime Minister has a discretion to advise the Governor-General to call an election for the House of Representatives at any time, but Senate elections can only be held within certain periods prescribed in the Constitution. The most recent general election was on 2 July 2016.

The Commonwealth Parliament and all the state and territory legislatures operate within the conventions of the Westminster system, with a recognised Leader of the Opposition, usually the leader of the largest party outside the government, and a Shadow Cabinet of Opposition members who "shadow" each member of the Ministry, asking questions on matters within the Minister's portfolio. Although the Government, by virtue of commanding a majority of members in the lower house of the legislature, can usually pass its legislation and control the workings of the house, the Opposition can considerably delay the passage of legislation and obstruct government business if it chooses.

The day-to-day business of the House of Representatives is usually negotiated between the Leader of the House, appointed by the Prime Minister, and the Manager of Opposition Business in the House, appointed by the Leader of the Opposition in the Commonwealth parliament, currently Bill Shorten.

The Australian Constitution dates from 1901, when the Dominions of the British Empire were not sovereign states, and does not use the term "head of state". As Australia is a constitutional monarchy, government and academic sources describe the Queen as head of state. In practice, the role of head of state of Australia is divided between two people, the Queen of Australia and the Governor-General of Australia, who is appointed by the Queen on the advice of the Prime Minister of Australia. Though in many respects the Governor-General is the Queen's representative, and exercises various constitutional powers in her name, they independently exercise many important powers in their own right. The governor-general represents Australia internationally, making and receiving state visits.

The Sovereign of Australia, currently Queen Elizabeth II, is also the Sovereign of fifteen other Commonwealth realms including the United Kingdom. Like the other Dominions, Australia gained legislative independence from the Parliament of the United Kingdom by virtue of the Statute of Westminster 1931, which was adopted in Australia in 1942 with retrospective effect from 3 September 1939. By the Royal Style and Titles Act 1953, the Australian Parliament gave the Queen the title Queen of Australia, and in 1973 titles with any reference to her status as Queen of the United Kingdom and Defender of the Faith as well were removed, making her Queen of Australia.

Section 61 of the Constitution provides that 'The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor‑General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth'. Section 2 of the Australian Constitution provides that a Governor-General shall represent the Queen in Australia. In practice, the Governor-General carries out all the functions usually performed by a head of state, without reference to the Queen.

Under the conventions of the Westminster system the Governor-General's powers are almost always exercised on the advice of the Prime Minister or other ministers. The Governor-General retains reserve powers similar to those possessed by the Queen in the United Kingdom. These are rarely exercised, but during the Australian constitutional crisis of 1975 Governor-General Sir John Kerr used them independently of the Queen and the Prime Minister.

Australia has periodically experienced movements seeking to end the monarchy. In a 1999 referendum, the Australian people voted on a proposal to change the Constitution. The proposal would have removed references to the Queen from the Constitution and replaced the Governor-General with a President nominated by the Prime Minister, but subject to the approval of a two-thirds majority of both Houses of the Parliament. The proposal was defeated. The Australian Republican Movement continues to campaign for an end to the monarchy in Australia, opposed by Australians for Constitutional Monarchy and Australian Monarchist League.

The Federal Executive Council is a formal body which exists and meets to give legal effect to decisions made by the Cabinet, and to carry out various other functions. All Ministers are members of the Executive Council and are entitled to be styled "The Honourable", a title which they retain for life. The Governor-General usually presides at Council meetings, but in his or her absence another Minister nominated as the Vice-President of the Executive Council presides at the meeting of the Council. Since 20 December 2017, the Vice-President of the Federal Executive Council has been Senator Mathias Cormann.

There are times when the government acts in a "caretaker" capacity, principally in the period prior to and immediately following a general election.

The Cabinet of Australia is the council of senior Ministers of the Crown, responsible to the Federal Parliament. The ministers are appointed by the Governor-General, on the advice of the Prime Minister, who serve at the former's pleasure. Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. Outside the cabinet there is an outer ministry and also a number of junior ministers, called Parliamentary secretaries, responsible for a specific policy area and reporting directly to a senior Cabinet minister.

The Constitution of Australia does not recognise the Cabinet as a legal entity; it exists solely by convention. Its decisions do not in and of themselves have legal force. However, it serves as the practical expression of the Federal Executive Council, which is Australia's highest formal governmental body. In practice, the Federal Executive Council meets solely to endorse and give legal force to decisions already made by the Cabinet. All members of the Cabinet are members of the Executive Council. While the Governor-General is nominal presiding officer, he almost never attends Executive Council meetings. A senior member of the Cabinet holds the office of Vice-President of the Executive Council and acts as presiding officer of the Executive Council in the absence of the Governor-General.

Until 1956 all members of the ministry were members of the Cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Robert Menzies created a two-tier ministry, with only senior ministers holding Cabinet rank, also known within parliament as the front bench. This practice has been continued by all governments except the Whitlam Government.

When the non-Labor parties are in power, the Prime Minister makes all Cabinet and ministerial appointments at their own discretion, although in practice they consult with senior colleagues in making appointments. When the Liberal Party and its predecessors (the Nationalist Party and the United Australia Party) have been in coalition with the National Party or its predecessor the Country Party, the leader of the junior Coalition party has had the right to nominate their party's members of the Coalition ministry, and to be consulted by the Prime Minister on the allocation of their portfolios.

When the Labor first held office under Chris Watson, Watson assumed the right to choose members of his Cabinet. In 1907, however, the party decided that future Labor Cabinets would be elected by the members of the Parliamentary Labor Party, the Caucus, and the Prime Minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor Prime Ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. Prior to the 2007 general election, the then Leader of the Opposition, Kevin Rudd, said that he and he alone would choose the ministry should he become Prime Minister. His party won the election and he chose the ministry, as he said he would.

The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne. Kevin Rudd was in favour of the Cabinet meeting in other places, such as major regional cities. There are Commonwealth Parliament Offices in each State Capital, with those in Sydney located in Phillip Street.

There are 18 departments of the Australian Government.As a federation, in Australia judicial power is exercised by both federal and state courts.

Federal judicial power is vested in the High Court of Australia and such other federal courts created by the Federal Parliament, including the Federal Court of Australia, the Family Court of Australia, and the Federal Circuit Court of Australia. Additionally, unlike in the United States, the federal legislature has the power to enact laws which vest federal jurisdiction in State courts. Since the Australian Constitution requires a separation of powers at the federal level, only courts may exercise federal judicial power; and conversely, non-judicial functions cannot be vested in courts.

State judicial power is exercised by each State's Supreme Court, and such other courts and tribunals created by the State Parliaments.

The High Court is the final court of appeal in Australia and has the jurisdiction to hear appeals on matters of both federal and state law. It has both original and appellate jurisdiction, the power of judicial review over laws passed by federal and State parliaments, and has jurisdiction to interpret the Constitution of Australia. Unlike in the United States, there is only one common law of Australia, rather than separate common laws for each State.

The following corporations are prescribed by Acts of Parliament:The following corporate Commonwealth entities are prescribed as Government Business Enterprises (GBEs) by section 5(1) of the Public Governance, Performance and Accountability (PGPA) Rule:The following Commonwealth companies are prescribed as GBEs by section 5(2) of the PGPA Rule:

Prior to 1931, the junior status of dominions was shown in the fact that it was British ministers who advised the King, with dominion ministers, if they met the King at all, escorted by the constitutionally superior British minister. After 1931 all dominion ministers met the King as "His" ministers as of right, equal in Commonwealth status to Britain's ministers, meaning that there was no longer either a requirement for, or an acceptance of, the presence of British ministers. The first state to exercise this both symbolic and real independence was the Irish Free State. Australia and other dominions soon followed.