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5HANSARD 8-3-1898 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE Mr. ISAACS.-
We want a people’s Constitution, not a lawyers’ Constitution
END QUOTE
10.
QUOTE Edwin Hale v. William Henkel, 201 U.S. 43, 26 S. Ct. 370, 50 L. Ed. 652 (1906)
The individual may stand upon his Constitutional Rights as a citizen.
He is entitled to carry on his private business in his own way. ..His Rights
15 are such as existed by the ‘law of the land’ [Common Law] long antecedent
to the organization of the State, and can only be taken away from him by
due process of law, and in accordance with the Constitution. He owes nothing
to the public so long as he does not trespass upon their Rights.
QUOTE
20
It is known that "The Law of the Land" means "The Common Law.", Justice O'Neal
speaking for the Court; Taylor v. Porter, 4 Hill, 140 at 146 (1843); Webster's definition of
"The Law of the Land" at Dartmouth, 4 Wheaton 518 at 581, 582. (Tenn. Const. Art. I,
25sec. 8, "law of the Land" clause.)
END QUOTE
Again
Hansard 24-3-1897 Constitution Convention Debates
10QUOTE
At the same time, as some colonies have given the right of voting to those who have not
that right in other colonies, it would be unfair and inequitable to take from any who have
the right, and therefore whatever uniformity is determined upon we shall have to
allow the innovation that no person, man or woman, who has the right to vote shall be
15 deprived of exercising that right, even so far as the elections to the Federal
Parliament are concerned.
END QUOTE
And
QUOTE
20 I would go the length of saying that everyone who has the right in the various colonies, if
they desire to exercise their franchise, should have the opportunity of doing so.
END QUOTE
“Desire” stands for “an expressed wish”, “option”, “choice”, “request”, etc, not being
compulsory!
25.
Hansard 6-3-1891 Constitution Convention Debates
QUOTE Mr. THYNNE:
The union of these colonies must take place in either one or two ways, namely, either by a
unification under one all-powerful parliament, or by a federation which gives to the central
30 federal parliament certain limited powers and reserves to the other parliaments all other
powers. As I think we may be in danger of overlooking some of the first principles
connected with federation, I may be pardoned if I briefly define some of the characteristics
of a federation. I shall quote from Mr. Dicey's recent work, which is very clear in its
language. He says:
35 One of the characteristics of a federation is that the law of the constitution must be
either legally immutable or else capable of being changed only by some authority
above and beyond the ordinary legislative bodies, whether federal or state
legislatures, existing under the constitution.
END QUOTE
40.
Hansard 9-9-1897 Constitution Convention Debates
QUOTE
Mr. GLYNN (South Australia)[12.35]: I have not the Federal Council Bill before me;
but I believe that that bill contained the words "sailing between the ports of the colonies."
45 The bill was sent home with those words in it; but her Majesty's advisers at home
deliberately changed the wording of the measure so as to give the Council wider
jurisdiction. There was a limitation in the bill which does not appear in the act, and the
Imperial authorities must have made this alteration for some specific purpose. They could
not have accidentally inserted the words "port of clearance, or." There is no danger of
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conflict between the laws of the commonwealth and the Imperial law. The moment a
new act is passed in England which conflicts with any legislation passed by the
commonwealth, that act will to the extent of the difference abrogate the legislation
under the constitution of Australia.
5 .
Barton J, the parliament cannot give the word a meaning not warranted by s73 of
the Constitution.
END QUOTE
10Commonwealth v Brisbane Milling Co. Ltd. (1916) 21 C.L.R. 559; A.L.R. 272.
.
Hansard 17-4-1897 Constitution Convention Debates
QUOTE Mr. SYMON:
15 There can be no doubt as to the position taken up by Mr. Carruthers, and that many
of the rules of the common law and rules of international comity in other countries
cannot be justly applied here.
END QUOTE
.
20Hansard 8-2-1898 Constitution Convention Debates
QUOTE
Mr. SYMON.-Yes. Mr. Wise asked why should New South Wales or Victoria-to take a
case which is extremely unlikely to occur-prohibit a citizen of the neighbouring colony
from acquiring property in the legislating colony, or only allow him to acquire it under
25 adverse conditions? But why not? The whole control of the lands of the state is left in that
state. The state can impose what conditions it pleases-conditions of residence, or
anything else-and I am not aware that a state has surrendered the control of the
particular administration of its own lands, or of anything that is left to it for the
exercise of its power and the administration of its affairs. I would much prefer, if there
30 is to be a clause introduced, to have the amendment suggested by Tasmania, subject to one
modification, omitting the words-"and all other persons owing allegiance to the Queen."
That would re-open the whole question as to whether an alien, not admitted to the
citizenship here-a person who, under the provisions with regard to immigration, is
prohibited from entering our territory, or is only allowed to enter it under certain
35 conditions-would be given the same privileges and immunities as a citizen of the
Commonwealth. Those words, it seems to me, should come out, and we should confine the
operation of this amendment so as to secure the rights of citizenship to the citizens of the
Commonwealth. I think, therefore, that with some modification the amendment suggested
by Tasmania would be a proper one to adopt.
40END QUOTE
.
HANSARD 8-2-1898 Constitution Convention Debates
QUOTE
Dr. COCKBURN.-We do not want to imitate that example. We do not want a clause in
45 our Constitution which could only be carried in America by force [start page 686] of
arms. We cannot imagine a condition of things in which we would wish to make such an
amendment of our Constitution. I do not believe we shall ever have such a condition of
things here as will necessitate such a clause in the Constitution. As it formed no part of the
original Constitution of America, as it was only introduced by force of arms and not