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The Constitution of IndependenceThe Development of Constitutional Theory in Australia, Canada, and New Zealand$
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Peter C. Oliver

Print publication date: 2005

Print ISBN-13: 9780198268956

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198268956.001.0001

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Constitutional Continuity and Constitutional Independence

Constitutional Continuity and Constitutional Independence

Chapter:
(p.315) 13 Constitutional Continuity and Constitutional Independence
Source:
The Constitution of Independence
Author(s):

PETER C. OLIVER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268956.003.0013

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

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