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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


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 f ... 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


Affiliations are at time of print publication.

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