but in other cases where the Court is equally divided the opinion of the Chief Justice or Senior Justice present is the deciding factor. AMENDMENT OF THE CONSTITUTION. The Australian Constitution, like other The Rigidity of federal constitutions, is of the "rigid" type. the Constitution. In other words, it cannot be amended by the ordinary legislative process. As already indicated, this precaution is intended to prevent the States becoming the prey of the Commonwealth. When changes are desired, it is necessary to secure the consent of the people in a majority of the States. Amendments are thus effected by more democratic means than in the United States. In the first place, a proposed law has to be accepted by an absolute majority of each of the Federal chambers. In the important matter of the amendment Process of Amendof the Constitution the power of initiation lies ment. in the Parliament, and is not, as in the United States, shared with the States' Governments. or, as in Switzerland, with the people." Should, however, one House propose an alteration twice within the same or consecutive sessions, and the other House reject it or amend it in a way unacceptable to the former, the effect is the same. In the second place it is submited to the electors-that is, a referen *W. Harrison Moore, "Commonwealth of Australia," p. 32. dum is taken. A referendum may be described as an appeal to the people through the ballot box on some question other than the election of representatives. It is a substitute for the primary assemblies" or assemblies of the whole people. "The orator is replaced by the writer, the ecclesia by a few hundred polling booths; but the voice of the people cries Aye' or 'No' as clearly as if they were gathered together in a market place or Senate House."* The referendum is employed for the purpose of ratifying or vetoing constitutional amendments, or for altering State boundaries. The people's assent to ordinary legislative measures is not sought. Two conditions have to be satisfied before the people can be regarded as having signified their acceptance of the amendment; (a) it must be assented to by a majority of the total number of electors voting throughout the Commonwealth; (b) it must also be accepted in a majority of States by a majority of electors voting. The second condition safeguards, to some extent, the interests of the individual States.† When it is a question of diminishing the representation of a State, it is necessary to to secure the approval of the people of the State interested before the change can be effected. On this question we *Garran, "The Coming Commonwealth," p. 135. † Vide Chapter X, p. 212 Footnote for Examples of the Referenda. have followed the example of the United States and again safeguarded State interests. Once again the advanced democratic temper Comparison with of the Australian people is evident when we other Systems. compare this method of amendment with the methods in force in other countries. In the United States proposed alterations are dealt with by the Legislatures or Conventions without any direct reference to the people; in Canada the British Parliament effects the amendment; in Germany it is dealt with in the Federal Parliament. Switzerland alone, of all the federations outside Australia, employs the referendum, and its final stages in the "process of amending" are similar to the Australian system. But in the allowance of the initiative. and the employment of the referendum for ordinary legislative measures, that country is even more democratic than we are. IMPERIAL TIES. In conclusion, some reference to our connection with the British Empire is necessary. Less than a century ago the colonies were regarded rather as dependencies established for the convenience and advantage of the Home Country, than as sister States peopled by kinsmen entitled to full rights of citizenship and freedom of trade. Oppression and shortsightedness resulted in the loss of the United States, and, sixty years later, in rebellion in Canada. But as a result of Lord Durham's report and recommendations concerning Britain's colonial policy, the Imperial Government revised its attitude towards the colonies, and conceded the full rights of "responsible government" whenever a colony was sufficiently developed to undertake the responsibility. The Imperial connection was maintained, but so as to give fullest freedom of government to the colonial powers. Thus the reconciliation of Imperium and Libertas (Imperial connection and colonial freedom), was effected. In Australia the Imperial link is maintained by the appointment of the 1. Governor-Gen-Governor-General by the Home Government, and the grant to him, as the royal representative, of the power of veto over legislation. The King has also a direct power of veto, even though the Governor-General has previously signified his assent. The States, too, are directly linked to the Home Government by 3. State Governors having their State Governors appointed by the Imperial authorities instead of by the Governor-General, as is the case in Canada. other respect Australia enjoys greater freedom than Canada, i.e., the control of constitutional amendments is in our own hands. The Home Parliament has but a normal right, which it is unlikely ever to exercise, to make paramount laws on all subjects or to amend the Constitu eral. 2. Royal Veto. 4. Constitutional In one |