Book contents
- Frontmatter
- Contents
- Preface
- Table of statutes and executive instruments
- Table of cases
- Introduction: Australia as a federal commonwealth
- PART I Federalism
- PART II Federating Australia
- 3 Models and sources
- 4 Australian appropriations
- 5 Constitutional foundations
- 6 Formative institutions
- PART III Australian federation
- PART IV Conclusions
- Select provisions
- Bibliography
- Index
5 - Constitutional foundations
Published online by Cambridge University Press: 05 August 2012
- Frontmatter
- Contents
- Preface
- Table of statutes and executive instruments
- Table of cases
- Introduction: Australia as a federal commonwealth
- PART I Federalism
- PART II Federating Australia
- 3 Models and sources
- 4 Australian appropriations
- 5 Constitutional foundations
- 6 Formative institutions
- PART III Australian federation
- PART IV Conclusions
- Select provisions
- Bibliography
- Index
Summary
These colonies cannot legislate for each other; the only authority which can legislate for all the colonies is the British Parliament. We have been granted powers of local self-government; let us exercise these powers to the fullest extent by constituting an Australian authority which, so far as regards this and other matters of a similar nature, can deal with Australia as a whole.
Richard Baker (1897)At least two persistent themes emerge from the movement to federation in Australia as it progressed during the last decades of the nineteenth century. First, despite the fact that the Australian colonies were united by a common law and the common overarching authority of the imperial Parliament, the colonies insisted on exercising an autonomous capacity to decide whether to join an Australian federation and, if so, on what basis. While the Colonial Office at times sought to encourage federation, it recognised – especially in the light of its experience with the American colonies – that it would be best, in the final analysis, to allow the Australians to have the final say over their constitutional futures. The arrival of local self-government in the mid part of the century meant, therefore, that the prospects of federation would depend upon the cooperation and agreement of the parliaments and governments of each colony.
The second theme in the movement towards federation was a growing realisation among its proponents in Australia that voters in the several colonies would not support federation unless they were given a substantial sense of participation in the process.
- Type
- Chapter
- Information
- The Constitution of a Federal CommonwealthThe Making and Meaning of the Australian Constitution, pp. 134 - 157Publisher: Cambridge University PressPrint publication year: 2009