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RELATION OF THE FEDERATION TO THE STATES.

THE AMENDMENT OF THE CONSTITUTION.

A TABULATED COMPARISON OF

Australia.

Certain defined powers are given to the Commonwealth (some exclusively, others concurrently with the States). The undefined residue of powers remains with the States. Where the two have concurrent powers, the Federal legislation takes precedence of State legislation.

The Commonwealth hands to each State a per capita sum of 25 shillings per annum for each inhabitant. It also protects the State from foreign and domestic violence and exempts State property from Federal taxation.

(i) An absolute majority of each House is first necessary, or the proposal must be passed twice by one House (with a three months interval) if rejected by the other House.

(ii) The measure is then submitted to Referendum and becomes law if

(a) A majority of electors in a majority of States, and (b) A majority of all the electors voting are in favour of the measure.

United States.

Federal powers are defined and limited, and the undefined residue remains with the States. The States yield precedence to the Nation in matters of concurrent powers.

There is no financial connection between the Federation and the individual States.

Two thirds of the Members of each Federal House or two thirds of the State Legislatures may propose an amendment. This becomes law if three quarters of the State Legislatures or special State Conventions approve of it.

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Amendments are made by the Imperial Parliament. No special provision made.

Parliament or 50,000 electors may propose an alteration. The proposal takes effect if

(a) A majority of electors in a majority of Cantons, and

(b) A majority of all the electors voting are in its favour.

If the Houses disagree as regards a proposed alteration, a referendum is taken. If the result favours alteration the two Houses are dissolved and re-elected to prepare the measure. This is followed by another refere adum on the measure when it is prepared, and the measure becomes operative if the referendum is favorable.

Amendment is secured by the ordinary process of legislation except that an Opposition of 14 in the Bundesrath is sufficient to defeat a proposed constitutional amendment. Thus the Kaiser through his seventeen representatives can prevent change.

303

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Adult Suffrage, 60, 64, 79, 90, 94,
99, 103, 104

Aetolian League, 228, 231-2
Alberta, 257, 260, 261, 262
Amendment of the Constitution,

30, 82, 118, 120, 149, 151, 157,
181-5, 205-6, 212n, 302-3
Amendment of the Constitution
(Canada), 266-8

Amendment of the Constitution
(Germany), 288

Amendment of the Constitution

(South Africa), 296
Amendment of the Constitution

(Switzerland), 275, 278-9
Amendment of the Constitution
(United States), 252-3
Apocleti, 221

Appeals, 27, 154, 180, 201, 266,

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Assembly (Qld.), 87, 102-4
Assembly (S.A.), 79, 89-90, 102-4
Assembly (Tas.), 79, 94-6

Assembly (Vic.), 79, 82, 84, 85,
102-4

Assembly (W.A.), 92, 103-4
Athens, 228-9

Augusta, Port, 176

Australian Natives' Association,

141, 147

Austria, 281

Baden, 282

Ballot, 60, 82, 184

Bank, Commonwealth, 195, 216,
222-3

Barton, Sir Edmund, 142, 153,
179, 216

Bathurst Convention, 142
Bavaria, 282, 284, 285, 287, 299
Berne, See Switzerland

Bill of Rights (United States),

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Cabinet, See Executive
Canada, 53, 109, 115, 118, 132, 164,
165, 172, 175n, 185, 186-7, 228,
252, 254-268, 298-303
Canberra, See Federal Capital
Cantons (Switzerland), 270, 271,
273, 277, 278, 299

Cape of Good Hope, 289, 291
Cape Town, 290, 296
Chancellor (Germany), 282-3, 285,
301

Charter of Justice, 11, 16

Chief Justice, 12, 14, 15n, 18, 19n,

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Confederation, 107, 120, 236, 238,
239, 240, 269, 280, 281, 282,
Congress (United States), 238.
241, 242, 243-8, 250
Constitution Act, Commonwealth

of Australia, 157-206, 298-302,
Constitution, Flexible, 118, 119,
266, 279
Constitution, Rigid, 117, 118,

120, 183, 235, 266-7, 279, 288
Convention, Federal (1891), 136,
138
Convention,
142-6
Convention People's (Bathurst),
142

Federal (1897-9),

Convention, Philadelphia, 239
Convention (South Africa), 290
Convention (United States), 253
Corowa Conference, 141
Council (N.S.W.), 3, 11-12, 13,
15, 17, 23, 27, 30-5, 43, 47, 50,
55, 63, 67, 73-4, 100-2
Council (N.Z.), 98-9, 101-2
Council (Qld.), 87, 100-2
Council (S.A.), 48, 50. 88-9, 90,

100-2

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52-4

Defence, 125, 132, 135, 136, 137,
173, 174, 175, 194, 204, 213,
214, 215

Delian League and Confederacy,
228-9

Denison, Governor, 126
Diet, 231, 234, 280

Differential Duties, 38, 49, 62,
122, 131, See also Preferential
Duties

District Councils, 32-3, 35
Division of Powers, 116, 157, 172-
8, 194, 197, 231, 234, 239, 248-
250. 263. 275-7. 285-7, 302, 303
Donaldson, Sir Stuart Alexander,
59
Duffy, Sir Charles Gavan, 128,
129, 132

Durham, Lord, 186, 255, 290

Edwards, Major-General Bevan,
136

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