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11 - Amendment procedures

Published online by Cambridge University Press:  05 August 2012

Nicholas Aroney
Affiliation:
University of Queensland
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Summary

We have different peoples here. This is not a homogeneous state. My people are not necessarily thy people!?

John Gordon (1897)

A central motivation of the framers of the Australian Constitution was the hope that federation might ‘enlarge the powers of self-government of the people’. But for most of them this did not mean that the ‘seat of sovereignty’ was now to rest simply with the people of the entire nation, considered as a whole and without regard to the states into which they were organised. Having recently acquired powers of self-governance, the people of the Australian colonies were not about to acquiesce in the loss of those rights to a consolidated national government. The abiding concern remained one of local self-government, which meant the selfgovernment of each state vis-à-vis the federation, as well as the selfgovernment of the federation vis-à-vis the empire. There was even a hint that it might also mean the self-government of regions and localities within the states.

In strictly legal terms, local self-government did not mean selfconstitution or autochthony. The colonies had derived their legal powers from the empire and the federation would come into being by force of an imperial statute. But just as federation represented an opportunity to enlarge Australian powers of local self-government, it also presented an opportunity to move towards a greater degree of constitutional selfdetermination through the acquisition of local powers of constitutional alteration.

Type
Chapter
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The Constitution of a Federal Commonwealth
The Making and Meaning of the Australian Constitution
, pp. 299 - 334
Publisher: Cambridge University Press
Print publication year: 2009

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  • Amendment procedures
  • Nicholas Aroney, University of Queensland
  • Book: The Constitution of a Federal Commonwealth
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511609671.013
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  • Amendment procedures
  • Nicholas Aroney, University of Queensland
  • Book: The Constitution of a Federal Commonwealth
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511609671.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Amendment procedures
  • Nicholas Aroney, University of Queensland
  • Book: The Constitution of a Federal Commonwealth
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511609671.013
Available formats
×