A turtle by any other name: the legal basis of the Australian Constitution
Dillon, Anthony (2001) A turtle by any other name: the legal basis of the Australian Constitution. Federal Law Review, 29 (2). pp. 241-272.
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Abstract
The legal basis of the Australian Constitution and, more specifically, how 'autochthony' for the Constitution might be achieved is assessed. As a result of the Australia Acts, some members of the High Court have instigated a move away from the traditional basis of the Constitution, the United Kingdom Parliament, to a new basis in popular sovereignty. But if the traditional legal basis is to be judicially discarded, and a local legal source found, the federal compact is the most historically correct interpretation of federation.
Item ID: | 13206 |
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Item Type: | Article (Research - C1) |
ISSN: | 1444-6928 |
Keywords: | Australian Constitution; legal basis |
Date Deposited: | 28 Feb 2013 04:27 |
FoR Codes: | 18 LAW AND LEGAL STUDIES > 1801 Law > 180199 Law not elsewhere classified @ 100% |
SEO Codes: | 94 LAW, POLITICS AND COMMUNITY SERVICES > 9402 Government and Politics > 940204 Public Services Policy Advice and Analysis @ 100% |
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