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
Item Type: Article (Refereed Research - C1)
Keywords: Australian Constitution; legal basis
ISSN: 1444-6928
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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