By H. P. Lee, George Winterton

Highlighting turning issues within the shaping of the Australian kingdom because Federation, this assortment examines circumstances from their criminal and political context, via their implementation and eventual impression on constitutional reform. Contributions by means of recognized constitutional attorneys, judges and former leader justices make sure the price of the research.

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Australian Constitutional Landmarks

Highlighting turning issues within the shaping of the Australian kingdom for the reason that Federation, this assortment examines situations from their felony and political context, via their implementation and eventual effect on constitutional reform. Contributions via famous constitutional attorneys, judges and former leader justices make sure the worth of the research.

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What appeared like a crisis to the delegates leaves those with the advantage of more than a century’s hindsight to wonder what all the fuss was about. 8 Yet the delegates were to spend weeks debating this in Adelaide and 4 AUSTRALIAN CONSTITUTIONAL LANDMARKS Melbourne in 1897–98. Their ultimate compromise, s. 10 Similarly, the powers of the Senate had been debated at all the conventions of the 1890s. However, as John Murtagh Macrossan from Queensland insisted at the 1891 Sydney Convention, the issue was not as critical as delegates may have thought.

Fiona Wheeler discusses the history, political context and quality of the judicial reasoning in the case, considers the criticisms levelled at it, and explores its future ramifications. In 1967, a constitutional referendum was held to amend the ‘race power’ in s. 51(xxvi) of the Constitution. One of the few occasions when a Commonwealth constitutional referendum was successful, the episode marks a major shift in the relationship between indigenous Australians and the wider Australian community.

Xxxii AUSTRALIAN CONSTITUTIONAL LANDMARKS Amendments to the Commonwealth Constitution can be effected through s. 128, which provides for a referendum process. The prescribed requirement of approval of a proposal to change the Constitution by a national majority of electors and a majority of electors in a majority of States is perceived to be extremely onerous. It is observed by some that in a number of key constitutional cases, the High Court’s interpretation of provisions of the Constitution effectively amounts to an amendment of the Constitution.

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