Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-28T10:19:30.946Z Has data issue: false hasContentIssue false
  • English
  • Français

Australian Federalism and the Role of the Governor-General

Published online by Cambridge University Press:  28 February 2019

Cheryl Saunders
Get access Rights & Permissions [Opens in a new window]

Extract

Australia is both a federation and a constitutional monarchy. The Commonwealth of Australia Constitution Act 1900, which made the Australian Constitution law, refers to the establishment of the federation “under the Crown of the United Kingdom of Great Britain and Ireland.” In fact, however, since 1973, the appropriate style of the monarch in relation to Australia has been “Queen of Australia.” And ever since federation, the monarch has been represented in Australia by a Governor-General, who progressively has acquired a more significant role, in parallel with the acquisition of Australian independence.

Type
Research Article
Information
International Journal of Legal Information , Volume 28 , Issue 2 , Summer 2000 , pp. 407 - 423
Copyright
Copyright © 2000 by the International Association of Law Libraries 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Notes

1. Commonwealth of Australia Constitution Act 1900, preamble.Google Scholar

2. Royal Style and Titles Act 1973.Google Scholar

3. Australian Constitution section 106.Google Scholar

4. Both referendums were defeated, by a national majority and by majorities in all States.Google Scholar

5. Constitution Alteration (Preamble) 1999.Google Scholar

6. Constitution Alteration (Establishment of Republic) 1999.Google Scholar

7. Australian Constitution, sections 62–64.Google Scholar

8. Republic Advisory Committee, An Australian Republic: The Options (AGPS 1993), 29.Google Scholar

9. Statue of Westminster Adoption Act 1942 (Commonwealth).Google Scholar

10. Sue v Hill (1999) 73 ALJR 1016.Google Scholar

11. Summary of Proceedings of the Imperial Conference 1926, Commonwealth Parliamentary Papers, 1926-7-8, volume 5, page 1049.Google Scholar

12. Crisp, The Appointment of Sir Isaac Isaacs as Governor-General of Australia 1930 (1964) 11 Historical Studies 253.Google Scholar

13. Both documents quoted in Howard, Colin and Saunders, Cheryl, Cases and Materials on Constitutional Law, Law Book Company 1979, pages 124–5.Google Scholar

14. Section 7.Google Scholar

15. Australian Constitution Section 128.Google Scholar

16. Galligan, B. and Nethercote, JR, Constitutional Commission and the 1988 Referendums (1989) 137–146.Google Scholar

17. Republic Advisory Committee, An Australian Republic: The Options, AGPS, 1993.Google Scholar

18. Legal Information Access Centre, A Republic?, Hot Topics No 22, (1999), 5.Google Scholar

19. Ibid. Google Scholar

20. Australasian Federal Convention.Google Scholar

21. Queensland did not participate at this stage. The colony that sent a parliamentary delegation was Western Australia.Google Scholar

22. Cheryl Saunders, “How Important Was The Convention?” (1998) 21 University of New South Wales Law Journal, 268.Google Scholar

23. Proposed section 59.Google Scholar

24. Proposed section 60.Google Scholar

25. Ibid. Google Scholar

26. Ibid. Google Scholar

27. Proposed section 59.Google Scholar

28. Proposed section 63.Google Scholar

29. Section 7.Google Scholar

30. Section 53.Google Scholar

31. Section 57.Google Scholar

32. Australian Constitution, section 53.Google Scholar

33. Howard, Colin & Saunders, Cheryl, “Blocking of the Budget and Dismissal of the Government” in Evans, Gareth (ed), Labor and the Constitution 1972-75, Heinemann, Melbourne (1977), 251.Google Scholar

34. Australian Constitution, section 64.Google Scholar

35. Constitution Alteration (Establishment of Republic) 1999, schedule 3, clause 6.Google Scholar

36. Sue v Hill, (1999) 73 ALJR 1016, 1030.Google Scholar

37. Saunders, Cheryl, “Fiscal Federalism – A General and Unholy Scramble” in Craven, Greg (ed) Australian Federalism: Towards the Second Century, Melbourne University Press, 1992) 101.Google Scholar

38. Statute of Westminster 1931, section 9.Google Scholar

39. In 1968 and 1975.Google Scholar

40. Australia Acts 1986, section 7, 15.Google Scholar

41. Schedule 3, Clause 5.Google Scholar

42. Report of the Constitutional Convention 2-13 February 1998, Convention Communiqué.Google Scholar

43. Australia Acts 1986, section 15.Google Scholar

44. Minister for Works (WA) v Gulson (1944) 69 CLR 338, 350–351.Google Scholar

45. Proposed section 59.Google Scholar

46. Clause 63.Google Scholar