History for ready reference, Volume 6 : $b Recent history - 1894-5 to 1901 A-ZLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 6 : $b Recent history - 1894-5 to 1901 A-Z
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
length, however, the requisite authority was granted by five
colonies: New South Wales, Victoria, South Australia, Western
Australia and Tasmania, Queensland and New Zealand declining
to participate. On March 22, 1897, the second constitutional
convention assembled at Adelaide. This convention drew up a
new federal constitution, based upon the draft of 1891.
Between May 5 and September 2 the constitution was discussed
in each of the parliaments. When the convention reassembled at
Sydney on March 2, as many as 75 amendments were reported as
suggested by the different colonies. Many were of an
insignificant character and many were practically identical.
The constitution and proposed amendments were discussed in two
sessions of the convention, which finally adjourned March 16,
1898, its work then being ready to submit to the people.
{32}
In June a popular vote resulted in the acceptance of the
constitution by Victoria, Tasmania, and South Australia; but
the failure of the parent colony, New South Wales, to adopt it
blocked all hope of federal union for the moment. Recently,
however, at a conference of colonial premiers certain
amendments demanded by New South Wales were agreed to in part,
and upon a second vote the constitution, as amended, was
accepted by that colony."
_W. G. Beach,
The Australian Federal Constitution
(Political Science Quarterly, December, 1899)._
In August, 1899, the draft of a Constitution thus agreed upon
was transmitted to England, with addresses from the provincial
legislatures, praying that it be passed into law by the
Imperial Parliament. Early in the following year delegates
from the several colonies were sent to England to discuss with
the Colonial Office certain questions that had arisen, and to
assist in procuring the passage by Parliament of the necessary
Act. Looked at from the Imperial standpoint, a number of
objections to the draft Constitution were found, but all of
them were finally waived excepting one. That one related to a
provision touching appeals from the High Court of the
Australian Commonwealth to the Queen in Council. As framed and
adopted in Australia, the provision in question was as
follows:
"74. No appeal shall be permitted to the Queen in Council in
any matter involving the interpretation of this Constitution
or of the Constitution of a State, unless the public interests
of some part of Her Majesty's Dominions, other than the
Commonwealth or a State, are involved. Except as provided in
this section, this Constitution shall not impair any right
which the Queen may be pleased to exercise, by virtue of Her
Royal Prerogative, to grant special leave of appeal from the
High Court to Her Majesty in Council. But The Parliament may
make laws limiting the matters in which such leave may be
asked."
Public-domain text, read in full here on John Shaqi.
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