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5 - Constitutional foundations

Published online by Cambridge University Press:  05 August 2012

Nicholas Aroney
Affiliation:
University of Queensland
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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 Commonwealth
The Making and Meaning of the Australian Constitution
, pp. 134 - 157
Publisher: Cambridge University Press
Print publication year: 2009

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  • Constitutional foundations
  • Nicholas Aroney, University of Queensland
  • Book: The Constitution of a Federal Commonwealth
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511609671.007
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  • Constitutional foundations
  • Nicholas Aroney, University of Queensland
  • Book: The Constitution of a Federal Commonwealth
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511609671.007
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.

  • Constitutional foundations
  • Nicholas Aroney, University of Queensland
  • Book: The Constitution of a Federal Commonwealth
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511609671.007
Available formats
×