By H. P. Lee, George Winterton
Highlighting turning issues within the shaping of the Australian state due to the fact that Federation, this assortment examines instances from their felony and political context, via their implementation and eventual effect on constitutional reform. Contributions by means of famous constitutional legal professionals, judges and former leader justices make sure the price of the research.
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Additional info for Australian Constitutional Landmarks
36 The report was emphatic as to the need for federation. Gavan Duffy failed to capture the enthusiasm of either the other colonies or his own. The decade between the late 1870s and the late 8 AUSTRALIAN CONSTITUTIONAL LANDMARKS 1880s saw a number of attempts by the colonies to maintain uniformity in their economic policies. However, as was predicted by the various reports and committees, the granting of greater autonomy to the colonies inevitably led to variations in tariff policy. The list of dutiable goods, as well as the rate of duty, provided arguments for greater co-ordination between the colonies.
The public nature of the process was a feature that marked it out from both the American and Canadian experiences. While it should not be overstated, this gave a more democratic cast to the Australian process. Second, the formal deliberations of the Convention were recorded in Hansard, a practice 16 AUSTRALIAN CONSTITUTIONAL LANDMARKS that was continued at subsequent conventions. The speeches, points of order, amendments and decisions of the delegates were captured in detail for future reference.
A proscription on legislative power is found in s. 92, which guarantees the absolute freedom of interstate trade and commerce. Controversies continue to simmer over the efforts of the High Court to graft implied limitations on the legislative power of the Commonwealth and the States. xxxii AUSTRALIAN CONSTITUTIONAL LANDMARKS Amendments to the Commonwealth Constitution can be effected through s. 128, which provides for a referendum process. The prescribed requirement of approval of a proposal to change the Constitution by a national majority of electors and a majority of electors in a majority of States is perceived to be extremely onerous.
Australian Constitutional Landmarks by H. P. Lee, George Winterton