By H. P. Lee, George Winterton
Highlighting turning issues within the shaping of the Australian state when you consider that Federation, this assortment examines instances from their felony and political context, via their implementation and eventual impression on constitutional reform. Contributions via famous constitutional legal professionals, judges and former leader justices make sure the price of the research.
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Carrington then pressed the Premier, ‘Then why don’t you do it? It would be a glorious finish to your life’. 59 Notwithstanding his hesitation, the old man was off and running. The ‘difficulties’ that Parkes may have been alluding to were in part of his own making. His on/off relationship with the idea of the Federal Council meant that the other premiers were reluctant to let him bypass the very body he had once advocated but lately appeared to reject after he had failed to be the one to establish it.
34 The battle to prevent the construction of a hydro-electric dam in an area of world heritage significance in Tasmania focused attention on the scope of the ‘external affairs’ and ‘corporations’ powers in s. 51(xxix) and (xx) of the Constitution. Leslie Zines, who appeared as counsel in the case, explains the tussle in the High Court, the division of opinion among the justices on the interpretation of these powers, and the decision’s impact on the Constitution’s ‘federal balance’. A great controversy spanning the years 1984 to 1986 occurred when Justice Lionel Murphy found himself caught up in a politically controversial attempt to remove him from the High Court.
In retelling the story of Federation and the constitutional controversies that arise, I will draw out those forces that were shaping the direction that the federal compact would take. Early attempts at federation The federation of the Australian colonies could only take place after they were first granted independence from one another. Thus one of the many ironic twists in the Federation story is that the union of the colonies under the Crown was achieved only after the single administrative entity, New South Wales, was divided into the constituent parts that were to be once again reassembled in the federal union.
Australian Constitutional Landmarks by H. P. Lee, George Winterton
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