Chapter

Constitutional Continuity and Constitutional Independence

PETER C. OLIVER

in The Constitution of Independence

Published in print April 2005 | ISBN: 9780198268956
Published online January 2010 | e-ISBN: 9780191713200 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268956.003.0013
Constitutional Continuity and Constitutional Independence

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This chapter applies the analysis developed in Chapter 12 to the facts of constitutional development in Australia, Canada, and New Zealand. The point is not to insist on this account as the only viable one, but rather to propose it as one way of accounting for both constitutional continuity and constitutional independence. Whereas there are similarities in the explanations proposed for Canadian and New Zealand constitutional independence, Australian developments require special treatment, particularly in relation to the idea that popular sovereignty is the new basis for the Australian Constitution.

Keywords: constitutional amendment; rule of recognition; imperial link; sovereignty of parliament; popular sovereignty

Chapter.  11651 words. 

Subjects: Constitutional and Administrative Law

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