Why is Australia's Constitution Binding? — the Reasons in 1900 and Now, and the Effect of Independence

  title={Why is Australia's Constitution Binding? — the Reasons in 1900 and Now, and the Effect of Independence},
  author={G. Lindell},
  journal={Federal Law Review},
  pages={29 - 49}
  • G. Lindell
  • Published 1986
  • Political Science
  • Federal Law Review
The enactment of legislation to sever the remaining constitutional links between the United Kingdom and Australia makes it desirable to address the question as to why Australia's Federal Constitution should be regarded as an instrument of higher law and thus legally binding. The answer which one gives to that question may be significantly different to the answer which a lawyer is likely to have given when the Commonwealth of Australia Constitution Act 1900 (UK)} was enacted. A possible answer… Expand
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134 CLR 495, 550. See also ibid 539 per Mason J. The latter case was affirmed despite an attempt to reopen its correctness in R v Lambert
  • 1976
His Honour's rejection of implications derived from the federal nature of the Constitution as a basis for the immunities enjoyed by the States was not accepted by a majority of the Court in that case
  • 1971
The Executive and the Governor-General (1983) generally 85-92 and also the American authorities referred to in Notes 398, 403, and 437
  • 1931
Those cases were R v Burah (1878) 3 AC 889, Hodge v The Queen (1883) 9 AC 117 and Powell v Appollo Candle Co (1885) 10 AC 282. 64 (1870) LR 6 QB 1
  • 1931
See also R v Public Vehicles Appeal Tribunal (Tasmania); ex parte Australian National Airways Pty Ltd
  • 1908
57 Compare Minister for Home Affairs v Fisher (1980] AC 319,329. See also J A Thomson supra n 3