Why is Australia’s Constitution binding? The reasons in 1900 and now, and the effect of independence

G J Lindell; “Why is Australia’s Constitution binding? The reasons in 1900 and now, and the effect of independence

“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.”

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