Download Australian Constitutional Landmarks by H. P. Lee, George Winterton PDF

By H. P. Lee, George Winterton

Highlighting turning issues within the shaping of the Australian country on the grounds that Federation, this assortment examines circumstances from their felony and political context, via their implementation and eventual effect on constitutional reform. Contributions through famous constitutional legal professionals, judges and former leader justices make sure the worth of the research.

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At the Sydney conference he introduced a Bill and a Memorandum on the issue of the Federal Council. As in Melbourne fourteen years earlier, Parkes cautioned that ‘the time [has] not come for the construction of a Federal Constitution with an Australian Federal Parliament’. 47 When the conference discussed the Bill it ended in deadlock. 48 As had been predicted, the divergent economic policy of the colonies became a stumbling block. To demonstrate the lack of support for uniformity of fiscal policy between the colonies, Victoria proposed that the revenue from the sale of land should be transferred to the Council.

However, the divergent approaches were at the heart of many issues of substance. These included the role of the Privy Council in Australia’s judicial hierarchy, the nature of the ‘union under the Crown’, and the need to placate imperial interests during the drafting of the Constitution. 15 Closely shadowing the nationalist/imperialist divide was the greater uncertainty of the framers’ reluctance to diverge from the well-worn path of their colonial experiences. The fear of the unknown, as against the certainty of the familiar, was another divide within the federation movement.

39 For Gavan Duffy this would be his last attempt at federating the colonies. 40 The early efforts at federation proved to be of limited success. The imperial initiatives were received with distrust and the local ones failed to excite support. The reasons for the stumbling advances towards Federation in this period can be explained by a number of conflicting attitudes. The push for greater self-government within the colonies ran counter to the notion of creating a larger administrative body. 42 Lastly, and perhaps more elusive, was the lack of a discernible national identity.

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