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Yet We Are Told That Australians Do Not Sympathise with Ireland’
UNIVERSITY OF ADELAIDE ‘Yet we are told that Australians do not sympathise with Ireland’ A study of South Australian support for Irish Home Rule, 1883 to 1912 Fidelma E. M. Breen This thesis was submitted in fulfilment of the requirements for the degree of Master of Philosophy by Research in the Faculty of Humanities & Social Sciences, University of Adelaide. September 2013. 1 TABLE OF CONTENTS LIST OF TABLES .......................................................................................................... 3 LIST OF ILLUSTRATIONS .............................................................................................. 3 LIST OF ABBREVIATIONS .............................................................................................. 4 Declaration ........................................................................................................... 5 Acknowledgements .............................................................................................. 6 ABSTRACT ........................................................................................................................ 7 CHAPTER 1 ........................................................................................................................ 9 INTRODUCTION ........................................................................................................... 9 WHAT WAS THE HOME RULE MOVEMENT? ................................................................. 17 REVIEW OF THE LITERATURE .................................................................................... -
The Idea of a Federal Commonwealth
Chapter One Th e Idea of a Federal Commonwealth* Dr Nicholas Aroney Arguably the single most important provision in the entire body of Australian constitutional law is s. 3 of the Commonwealth of Australia Constitution Act 1900 (UK). Th is section authorised Queen Victoria to declare by proclamation that the people of the several Australian colonies should be united in a Federal Commonwealth under the name of the Commonwealth of Australia. Several things are at once noticeable about this provision. Of primary importance for present purposes is that, while the formation of the Commonwealth depended upon an enactment by the Imperial Parliament at Westminster and a proclamation by the Queen, the Australian Commonwealth was itself premised upon the agreement of the people of the several colonies of Australia to be united into a federal commonwealth. Th e framers of the Constitution could arguably have used any one of a number of terms to describe the nature of the political entity that they wished to see established. Th e federation was established subject to the Crown and under a Constitution, so they might have called it the Dominion of Australia and describeddescribed it as a constitutional monarchy. Th e Constitution was arguably the most democratic and liberal that the world had yet seen, so perhaps they could have called it the United States of Australia and describeddescribed it as a liberal democracy. But to conjecture in this way is to hazard anachronism. Th e framers of the Constitution chose to name it the Commonwealth of Australia and toto describedescribe it as a federal commonwealth. -
The Deakinite Myth Exposed Other Accounts of Constitution-Makers, Constitutions and Citizenship
The Deakinite Myth Exposed Other accounts of constitution-makers, constitutions and citizenship This thesis is presented for the degree of Doctor of Philosophy of Murdoch University 2005 Geoffrey Trenorden BA Honours (Murdoch) Declaration I declare that this thesis is my own account of my research and contains as its main content work which has not previously been submitted for a degree at any tertiary education institution. …………………………………….. Geoffrey Trenorden ii Abstract As argued throughout this thesis, in his personification of the federal story, if not immediately in his formulation of its paternity, Deakin’s unpublished memoirs anticipated the way that federation became codified in public memory. The long and tortuous process of federation was rendered intelligible by turning it into a narrative set around a series of key events. For coherence and dramatic momentum the narrative dwelt on the activities of, and words of, several notable figures. To explain the complex issues at stake it relied on memorable metaphors, images and descriptions. Analyses of class, citizenship, or the industrial confrontations of the 1890s, are given little or no coverage in Deakinite accounts. Collectively, these accounts are told in the words of the victors, presented in the images of the victors, clothed in the prejudices and predilections of the victors, while the losers are largely excluded. Those who spoke out against or doubted the suitability of the constitution, for whatever reason, have largely been removed from the dominant accounts of constitution-making. More often than not they have been ‘character assassinated’ or held up to public ridicule by Alfred Deakin, the master narrator of the Conventions and federation movement and by his latter-day disciples. -
An Interchange of Ideas – the Flows of Legal Information Across the Tasman
AN INTERCHANGE OF IDEAS – THE FLOWS OF LEGAL INFORMATION ACROSS THE TASMAN Jeremy Finn* I. Introduction There have long been many links between the legal systems of New Zealand and Australia, and developments on one side of the Tasman have influenced the law on the other side. All Australasian lawyers know of the Torrens system of registration of titles to land, perhaps the prime example of legislation of the migration of legislation. Only a small proportion of those lawyers would be familiar with the Australian use of New Zealand precedents for “family law” statutes, a phenomenon discussed in Part II.F below. More recent decades have seen the enactment in New Zealand of the Fair Trading Act 1986, closely modelled on the Australian Trade Practices Act 1974, and the development in the Australian youth justice system of family group conferences from the New Zealand model initiated in 1989. It is also generally known, too, that the legal profession on each side of the Tasman included a number of lawyers who first qualified on the other side of the Tasman Sea, or who have had significant professional experience there. Two famous early examples are Richard Davies Hanson, the long serving chief justice of South Australia, who practised in New Zealand from 1840 to 1846 before going to Adelaide and Henry Samuel Chapman who had both a legal and judicial career in New Zealand and experience in governmental, political and legal circles in Tasmania and Victoria. Only a specialist historian would, however, know of their close contemporary Arthur Todd Holroyd, an English barrister who practised in New Zealand in the 1840s before moving to Sydney, entering politics and spending almost a decade in the Legislative Assembly, as well as being appointed a Master of the Supreme Court in New South Wales and briefly an acting judge of that court in 1879.1 I am currently engaged in a long- term project to identify and describe the 560 lawyers admitted to practice in New Zealand between 1841 and 1880. -
Federation of Australia
Pre-1908 Federation of Australia The idea of a federation of the six Australian colonies was occasionally debated among Australian politicians, officials and others from about 1850 onwards, and there was support for the idea in official circles in Britain, especially after the Canadian colonies federated in 1867. The first practical step towards federation was the creation of the Federal Council of Australasia in 1885. It met several times between 1886 and 1899, but it had no executive powers, New South Wales remained aloof, and it was generally ineffective. In October 1889, in a speech at Tenterfield, the veteran New South Wales politician Sir Henry Parkes called for federation, with a strong executive controlled by the Australian people, to ensure that the colonies were properly defended. Following an informal conference in Melbourne in 1890, all the Australian colonies and also New Zealand sent delegates to a convention in Sydney in March 1891. It was chaired by Parkes. A sub-committee comprising Sir Samuel Griffith, Charles Kingston, Edmund Barton and Andrew Inglis Clark drafted a Constitution Bill. However, the colonial legislatures were slow to adopt it and, in particular, there was strong opposition in New South Wales. In 1893 popular support for federation began to grow, with the formation of federation leagues in most colonies and a conference of leagues in Corowa in New South Wales. In 1895 the premiers agreed that another convention should be held, with the delegates directly chosen by the electors. The Federal Convention met in Adelaide in March 1897 and was reconvened in Sydney in September 1897 and Melbourne in January 1898. -
The Constitutional Conventions and Constitutional Change: Making Sense of Multiple Intentions
Harry Hobbs and Andrew Trotter* THE CONSTITUTIONAL CONVENTIONS AND CONSTITUTIONAL CHANGE: MAKING SENSE OF MULTIPLE INTENTIONS ABSTRACT The delegates to the 1890s Constitutional Conventions were well aware that the amendment mechanism is the ‘most important part of a Cons titution’, for on it ‘depends the question as to whether the state shall develop with peaceful continuity or shall suffer alternations of stagnation, retrogression, and revolution’.1 However, with only 8 of 44 proposed amendments passed in the 116 years since Federation, many commen tators have questioned whether the compromises struck by the delegates are working as intended, and others have offered proposals to amend the amending provision. This paper adds to this literature by examining in detail the evolution of s 128 of the Constitution — both during the drafting and beyond. This analysis illustrates that s 128 is caught between three competing ideologies: representative and respons ible government, popular democracy, and federalism. Understanding these multiple intentions and the delicate compromises struck by the delegates reveals the origins of s 128, facilitates a broader understanding of colonial politics and federation history, and is relevant to understanding the history of referenda as well as considerations for the section’s reform. I INTRODUCTION ver the last several years, three major issues confronting Australia’s public law framework and a fourth significant issue concerning Australia’s commitment Oto liberalism and equality have been debated, but at an institutional level progress in all four has been blocked. The constitutionality of federal grants to local government remains unresolved, momentum for Indigenous recognition in the Constitution ebbs and flows, and the prospects for marriage equality and an * Harry Hobbs is a PhD candidate at the University of New South Wales Faculty of Law, Lionel Murphy postgraduate scholar, and recipient of the Sir Anthony Mason PhD Award in Public Law. -
The Constitution Makers
Papers on Parliament No. 30 November 1997 The Constitution Makers _________________________________ Published and Printed by the Department of the Senate Parliament House, Canberra ISSN 1031–976X Published 1997 Papers on Parliament is edited and managed by the Research Section, Department of the Senate. Editors of this issue: Kathleen Dermody and Kay Walsh. All inquiries should be made to: The Director of Research Procedure Office Department of the Senate Parliament House CANBERRA ACT 2600 Telephone: (06) 277 3078 ISSN 1031–976X Cover design: Conroy + Donovan, Canberra Cover illustration: The federal badge, Town and Country Journal, 28 May 1898, p. 14. Contents 1. Towards Federation: the Role of the Smaller Colonies 1 The Hon. John Bannon 2. A Federal Commonwealth, an Australian Citizenship 19 Professor Stuart Macintyre 3. The Art of Consensus: Edmund Barton and the 1897 Federal Convention 33 Professor Geoffrey Bolton 4. Sir Richard Chaffey Baker—the Senate’s First Republican 49 Dr Mark McKenna 5. The High Court and the Founders: an Unfaithful Servant 63 Professor Greg Craven 6. The 1897 Federal Convention Election: a Success or Failure? 93 Dr Kathleen Dermody 7. Federation Through the Eyes of a South Australian Model Parliament 121 Derek Drinkwater iii Towards Federation: the Role of the Smaller Colonies Towards Federation: the Role of the Smaller Colonies* John Bannon s we approach the centenary of the establishment of our nation a number of fundamental Aquestions, not the least of which is whether we should become a republic, are under active debate. But after nearly one hundred years of experience there are some who believe that the most important question is whether our federal system is working and what changes if any should be made to it. -
A Colonial History of the River Murray Dispute
Adam Webster* A COLONIAL HISTORY OF THE RIVER MURRAY DISPUTE ABSTRACT This article examines the history of the dispute over the sharing of the waters of the River Murray between the colonies, with particular emphasis on the period from the mid-1880s to the mid-1890s. The article shows that the change in water use by the colonies during this period had a signifi- cant impact on the question of how the water should be shared between the colonies. The article examines the early legal arguments regarding the ‘rights’ of the colonies to the waters of the River Murray and argues that these early legal analyses influenced the drafting of the Australian Consti- tution, which in turn has influenced the way similar disputes between the states are resolved today. I INTRODUCTION alk of reducing the flow of the waters of the River Murray evokes strong emotions in South Australians, and especially in their members of parliament.1 TThis is not a recent phenomenon and has been the case since colonial times.2 This article examines the history of the dispute over the sharing of the waters of the River Murray between the colonies, with particular emphasis on the period from the mid-1880s to the mid-1890s. I argue that this period, in the lead up to the Austra- lasian Federal Conventions of the 1890s, shaped the Convention debates, which in turn influenced the drafting of the Australian Constitution and the way in which the issue of the sharing of the waters of the River Murray between the states has been dealt with since Federation. -
Upholding the Australian Constitution Volume Twenty-Four
Upholding the Australian Constitution Volume Twenty-four Proceedings of the Twenty-fourth Conference of The Samuel Griffith Society Traders Hotel Brisbane, 159 Roma Street, Hobart — August 2012 © Copyright 2014 by The Samuel Griffith Society. All rights reserved. Contents Introduction Julian Leeser The Fourth Sir Harry Gibbs Memorial Oration Senator the Honourable George Brandis In Defence of Freedom of Speech Chapter One The Honourable Ian Callinan Defamation, Privacy, the Finkelstein Report and the Regulation of the Media Chapter Two Michael Sexton Flights of Fancy: The Implied Freedom of Political Communication 20 Years On Chapter Three The Honourable Justice J. D. Heydon Sir Samuel Griffith and the Making of the Australian Constitution Chapter Four The Honourable Christian Porter Federal-State Relations and the Changing Economy Chapter Five The Honourable Richard Court A Federalist Agenda for Coast to Coast Liberal (or Labor) Governments Chapter Six Keith Kendall The Case for a State Income Tax Chapter Seven Josephine Kelly The Constitutionality of the Environmental Protection and Biodiversity Conservation Act i Chapter Eight The Honourable Gary Johns Native Title 20 Years On: Beyond the Hyperbole Chapter Nine Lorraine Finlay Indigenous Recognition – Some Issues Chapter Ten J. B. Paul Speaker of the House Contributors ii Introduction Julian Leeser The 24th Conference of The Samuel Griffith Society was held in Brisbane during the weekend of 17-19 August 2012. It marked the 20th anniversary of the Society’s birth. 1992 was undoubtedly a momentous year in Australia’s constitutional history. On 2 January 1992 the perspicacious John and Nancy Stone decided to incorporate the Samuel Griffith Society thirteen days after Paul Keating was appointed Prime Minister. -
Biography Charles Cameron Kingston
Thomas Kennedy (1859-1929) Charles Cameron Kingston (1850-1908) Member for Moira (Victoria) 1901-1906 Member for South Australia 1901-1903 Member for Adelaide (South Australia) 1903-1908 homas Kennedy was born in Moonee Kennedy was Chairman of the Victorian Closer harles Kingston was born in Adelaide, passage of the Commonwealth of Australia TPonds, Victoria. Kennedy was a farmer Settlement Board in 1910-15 and then CSouth Australia, where he was admitted Bill through the British Parliament. who served on the Yarrawonga Shire Council returned to farming and grazing. Apart from to the Bar in 1873, and appointed as a Queen’s 1889-94 and was Shire President 1892-94. an unsuccessful attempt to win the state Counsel in 1888. Entering the South Kingston was appointed Minister for Trade In 1893 he contested the Victorian Legislative seat of Benalla in 1917, he did not return Australian House of Assembly as member and Customs in the first Federal Ministry in Assembly seat of Benalla and Yarrawonga at to politics. for West Adelaide in 1881, Kingston became January 1901. In March he was elected as a a by-election at which he and his opponent a dominant figure in South Australian colonial Protectionist to the House of Representatives polled the same number of votes, 753. The politics in the 1890s, and in the Liberal to represent South Australia. After South returning officer’s casting vote went against reformist government as Attorney-General Australia was divided into federal electorates, Kennedy who appealed, and in a new poll won and Premier 1893-99. he was elected unopposed to the seat of by 60 votes. -
GETTING IT TOGETHER from Colonies to Federation
GETTING IT TOGETHER From Colonies to Federation south australia People and Places INVESTIGATIoNs oF AUSTRALIa’s JOURNEYInvestigations of Australia’s journey TO NATIoNHOOD FOR THE MIDDlE to nationhood for the middle years classroom YEARS CLASSROOGETTM ING IT TOGETHER south australIa – PEoPlE aND PLACEs © CoMMoNWEALTH oF AUSTRALIa i Getting It Together: From Colonies to Federation has been funded by the Museum of Australian Democracy at Old Parliament House. Getting It Together: From Colonies to Federation – South Australia ISBN: 978 1 74200 098 5 SCIS order number: 1427628 Full bibliographic details are available from Curriculum Corporation. PO Box 177 Carlton South Vic 3053 Australia Tel: (03) 9207 9600 Fax: (03) 9910 9800 Email: [email protected] Website: www.curriculum.edu.au Published by the Museum of Australian Democracy at Old Parliament House PO Box 7088 Canberra BC ACT 2610 Tel: (02) 6270 8222 Fax: (02) 6270 8111 www.moadoph.gov.au September 2009 © Commonwealth of Australia 2009 This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to Commonwealth Copyright Administration, Attorney General’s Department, National Circuit, Barton ACT 2600 or posted at www.ag.gov.au/cca This work is available for download from the Museum of Australian Democracy at Old Parliament House: http://moadoph.gov.au/learning/resources-and-outreach Edited by Katharine Sturak and Zoe Naughten Designed by Deanna Vener GETTING IT TOGETHER south australIa – PEoPlE aND PLACEs © CoMMoNWEALTH oF AUSTRALIa People and Places In the years before Federation, South Australia was different to the other Australian colonies in many ways. -
Banking Act Unclaimed Money As at 31 December 2007
Commonwealth of Australia Gazette No. ASIC 40A/08, Wednesday, 21 May 2008 Published by ASIC ASIC Gazette Contents Banking Act Unclaimed Money as at 31 December 2007 RIGHTS OF REVIEW Persons affected by certain decisions made by ASIC under the Corporations Act 2001 and the other legislation administered by ASIC may have rights of review. ASIC has published Regulatory Guide 57 Notification of rights of review (RG57) and Information Sheet ASIC decisions – your rights (INFO 9) to assist you to determine whether you have a right of review. You can obtain a copy of these documents from the ASIC Digest, the ASIC website at www.asic.gov.au or from the Administrative Law Co-ordinator in the ASIC office with which you have been dealing. ISSN 1445-6060 (Online version) Available from www.asic.gov.au ISSN 1445-6079 (CD-ROM version) Email [email protected] © Commonwealth of Australia, 2008 This work is copyright. Apart from any use permitted under the Copyright Act 1968, all rights are reserved. Requests for authorisation to reproduce, publish or communicate this work should be made to: Gazette Publisher, Australian Securities and Investment Commission, GPO Box 9827, Melbourne Vic 3001 ASIC GAZETTE Commonwealth of Australia Gazette ASIC 40A/08, Wednesday, 21 May 2008 Banking Act Unclaimed Money Page 2 of 463 Specific disclaimer for Special Gazette relating to Banking Unclaimed Monies The information in this Gazette is provided by Authorised Deposit-taking Institutions to ASIC pursuant to the Banking Act (Commonwealth) 1959. The information is published by ASIC as supplied by the relevant Authorised Deposit-taking Institution and ASIC does not add to the information.