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The Constitution of Independence
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The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand

Peter C. Oliver

Abstract

The Constitution of Independence examines how three countries – Australia, Canada and New Zealand – contemplated, achieved, and subsequently explained their constitutional independence. The book argues that assumptions regarding key theoretical concepts – whether explicit as in the case of ‘sovereignty’, or implicit as in the case of ‘legal system’ – had a profound effect on what key actors in each country considered to be constitutionally possible. Eventually, Australia was to substitute popular sovereignty for imperial parliamentary sovereignty, Canada was to emphasize respect for the rule o ... More

Keywords: sovereignty, legal system, rule of law, constitutional theory, independence, constitution, continuity, revolution, amendment

Bibliographic Information

Print publication date: 2005 Print ISBN-13: 9780198268956
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780198268956.001.0001

Authors

Affiliations are at time of print publication.

Peter C. Oliver, author
Senior Lecturer, School of Law, King’s College London

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