he Federation movement and gradual independence from Britain Flashcards
Which notable person made the concept of federating Australia more prominent?
sir Henry Parkes made the idea of federating the 6 individual Australian colonies more prominent through the speech he delivered in Melbourne in 1867
When did the states federate and under what Act? When did it come into effect?
The 6 Australian states federated under the Commonwealth of Australia Constitution Act 1900
which was an act passed Imperial Parliament in July 1900
Queen proclaimed for the Act to become effective on January 1st 1901 for Australia to have constitutional independence
Why was it that early ideas of Australia federating causing hesitation?
The expansion of German and French colonial interests in South Pacific
How were legislative powers influenced by Federation? Who managed what?
Legislative powers were distributed between the six states and the Federal government.
Commonwealth Government’s jurisdiction were tied with issues such as tax, trade, defence, immigration that were perinent to the nation.
State Government’s legislative power over the remaining matters that were not exclusive to Commonwealth Government. Stated in the constitution, their power to legislate ‘for the peace, wellfare and good government’ of the state.
What does the Commonwealth of Australian Consitution Act 1900 contain? What does ___do?
It contains the Commonwealth Constitution which established the legislative powers of State and Federal Government
Following federation, why did Australia continue to have ties with Britain?
Australia despite being a newly federated nation, was still a part of Britain Empire. Internationally, Australia was recognised to be part of the British Empire.
Australians still considered Britain to be their Mother country hence Australia was automatically a participant in WWI alongside Britain against Germany
What were some milestones in the path towards Australia’s indepdence?
During the Imperial conference of 1926, the ‘Balfour Declaration’ was signed to signify that Australia alongside other countries such as Canada, were no longer subordinates to Britain but instead partners with the Empire
What did the Balfour Declaration evolve into and when? What are the main provisions?
The earlier concept of Constitutional Indepdence being raised in the ‘Balfour Declaration 1926’ was turned into a statute known as Statute of Westminister 1931. Primary provisions included
- British Parliament would not pass legislation related to any of the dominions unless the dominion had made a request for it
- Repealed the repugnance principle with dominions no being invalidated for laws inconsistent with the English
- Granted the ability for dominion parliament to make laws of extra-territorial application (leislation apply outside country’s borders)
What limited the provisions from being in force? When did it officially get enacted?
NSW had an argument with Commonwealth Parliament regarding financial jurisdiction and wanted to maintain constitutional ties with Britain
Since the Statute of Westminister 1931 (Imp) could only come into effect until dominion passed the legislation, it took another 11 years for Commonwealth Parliament to enact Statute of Westminister Adoption Act 1942.
This act marked that since the start of Second World War -3rd September 1939, the Statute of Westminister has been in operation
What did inconsistency of the adopt of Statute of Westminister lead to?
Were restrained by the remants of repugnancy doctrine from the Colonial Laws Validity Act despite having gained lesgislative liberalism from Britain
When did repugnancy doctrine controversy and Australia’s battle for Constitutional Indepedence come to resolution?
With ensuing conferences in early 1980 that agreed to end constitutional ties with Britain and with statues being passed by states in 1985.
This included Australia (Request and Consent) Act 1985 that was passed by Commonwealth Government to request United Kingdom to abandon any existing legislative power they have over Australia
By 1986, the Imperial and Australian Commonwealth Parliament passed Australia Acts both coming into effect on _3rd March 1986. _
- Australia Acts 1986 (Cth)*
- Australia Acts(Imp)* mark?
Australia Acts 1986 (Cth)/ IMp marked Australia’s final fulfilment in achieving constitutional indepdence
‘No Act of the Parliament of the United Kingdom passed after the commencement of this Act will extend to and become a law in australia
