wealth, e.g. the territories, which it may be determined to raise to the dignity of States (section 6 of the Act). It is probable that The Parliament cannot convert the seat of government, or places acquired for public purposes, into a State. The power to convert a Territory into a State, or to establish a State in a Territory, may be exercised by The Parliament without the concurrence of any other authority.

By section 124, The Parliament may form a new State by separation of territory from any State of the Commonwealth, but only with the consent of the Parliament thereof; or may form a new State by the union of two or more States or parts of States, but only with the consent of the Parliaments of the State affected.

In admitting or establishing new States, The Parliament may make and impose such terms and conditions, including the extent of representation in either House of The Parliament, as it thinks fit (section 121). Except so far as otherwise agreed or determined, upon such admission or establishment, the Constitution will apply to such new State.

ALTERATION OF THE LIMITS OF STATES.

It has been seen, that the preservation of the territory of the federating Colonies was a primary condition of the union, and intercolonial suspicion led to this security being sought in very remarkable terms.

Section 123 confers power upon The Parliament to increase, diminish, or otherwise alter the limits of a State; but requires, that, for such alteration, as well as for the arrangements incident thereto, the consent shall be obtained not merely of the ordinary authority therein the Parliament of the State-but of the electors of the State. The result is very curious. The State Parliament may, without any consent of Electors, diminish its territory; for it is expressly authorized by section 111 to surrender any part of the State to the Commonwealth. The Commonwealth Parliament may immediately transfer the territory so surrendered to another State; but, in order to make the transfer good, the Electors, as well as the Parliament of the

State receiving the accession of territory, must assent to the "increase" of "its limits." Again, by section 124, a State, without any approval of Electors, may be cut asunder and made into two or more States, or may lose its separate existence altogether by union with another State-in either case, no more than the concurrence of the State Parliament and the Commonwealth Parliament is required.

It may be doubted, whether the powers referred to exclude all other modes of dealing with the boundaries of the States. The Colonial Boundaries Act, 1895, is not applicable to the States (section viii. of the Act). But there are several other statutory provisions affecting the boundaries of the Australian Colonies, and it is by no means clear, that they all merge in, and are extinguished by, the provisions of the Commonwealth Constitution.' Thus, it may still be competent for the legislature of New South Wales and Victoria, by laws passed in concurrence with each other, to define in any manner different from that contained in 18 and 19 Victoria, c. 54, the boundary line of the two colonies along the course of the river Murray. Again, by the 24 and 25 Victoria, c. 44, § 5, the Governors of contiguous colonies on the Australian continent may, with the advice of their Executive Councils, determine or alter the common boundaries of such colonies, and, on the proclamation of the Crown, such boundaries as altered shall become the true boundaries of the colonies; and, by section 6, provision is made for appointing the public debt, and making other necessary arrangements on the rectification. And, while it may be assumed, that the various provisions, enabling the Crown to establish new colonies in Australia by separation from existing colonies, are either spent or repealed by implication, it does not appear certain, that the power of the Crown to annex portions of one colony to another (as under the Western Australian Constitution Act, 1890, section 6) is consumed and extinguished by the Constitution.

1 See 5 and 6 Vict., c. 76, § 51; 13 and 14 Vict., c. 59, §§ 30 and 34. [These Acts are repeated as to N.S. W., Victoria, and Western Australia by the Constitution Acts of these Colonies "so far as repugnant thereto."] 18 and 19 Vict., c. 54, §§ 5, 6, and 7; 24 and 25 Vict., c. 44, §§ 2, 5, and 6.

wealth, e.g. the territories, which it may be determined to raise to the dignity of States (section 6 of the Act). It is probable that The Parliament cannot convert the seat of government, or places acquired for public purposes, into a State. The power to convert a Territory into a State, or to establish a State in a Territory, may be exercised by The Parliament without the concurrence of any other authority.

By section 124, The Parliament may form a new State by separation of territory from any State of the Commonwealth, but only with the consent of the Parliament thereof; or may form a new State by the union of two or more States or parts of States, but only with the consent of the Parliaments of the State affected.

In admitting or establishing new States, The Parliament may make and impose such terms and conditions, including the extent of representation in either House of The Parliament, as it thinks fit (section 121). Except so far as otherwise agreed or determined, upon such admission or establishment, the Constitution will apply to such new State.

ALTERATION OF THE LIMITS OF STATES.

It has been seen, that the preservation of the territory of the federating Colonies was a primary condition of the union, and intercolonial suspicion led to this security being sought in very remarkable terms.

Section 123 confers power upon The Parliament to increase, diminish, or otherwise alter the limits of a State; but requires, that, for such alteration, as well as for the arrangements incident thereto, the consent shall be obtained not merely of the ordinary authority therein the Parliament of the State-but of the electors of the State. The result is very curious. The State Parliament may, without any consent of Electors, diminish its territory; for it is expressly authorized by section 111 to surrender any part of the State to the Commonwealth. The Commonwealth Parliament may immediately transfer the territory so surrendered to another State; but, in order to make the transfer good, the Electors, as well as the Parliament of the

State receiving the accession of territory, must assent to the "increase" of "its limits." Again, by section 124, a State, without any approval of Electors, may be cut asunder and made into two or more States, or may lose its separate existence altogether by union with another State-in either case, no more than the concurrence of the State Parliament and the Commonwealth Parliament is required.

It may be doubted, whether the powers referred to exclude all other modes of dealing with the boundaries of the States. The Colonial Boundaries Act, 1895, is not applicable to the States (section viii. of the Act). But there are several other statutory provisions affecting the boundaries of the Australian Colonies, and it is by no means clear, that they all merge in, and are extinguished by, the provisions of the Commonwealth Constitution.' Thus, it may still be competent for the legislature of New South Wales and Victoria, by laws passed in concurrence with each other, to define in any manner different from that contained in 18 and 19 Victoria, c. 54, the boundary line of the two colonies along the course of the river Murray. Again, by the 24 and 25 Victoria, c. 44, § 5, the Governors of contiguous colonies on the Australian continent may, with the advice of their Executive Councils, determine or alter the common boundaries of such colonies, and, on the proclamation of the Crown, such boundaries as altered shall become the true boundaries of the colonies; and, by section 6, provision is made for appointing the public debt, and making other necessary arrangements on the rectification. And, while it may be assumed, that the various provisions, enabling the Crown to establish new colonies in Australia by separation from existing colonies, are either spent or repealed by implication, it does not appear certain, that the power of the Crown to annex portions of one colony to another (as under the Western Australian Constitution Act, 1890, section 6) is consumed and extinguished by the Constitution.

1 See 5 and 6 Vict., c. 76, § 51; 13 and 14 Vict., c. 59, §§ 30 and 34. [These Acts are repeated as to N.S. W., Victoria, and Western Australia by the Constitution Acts of these Colonies "so far as repugnant thereto."] 18 and 19 Vict., c. 54, §§ 5, 6, and 7; 24 and 25 Vict., c. 44, §§ 2, 5, and 6.

CHAPTER XX.

THE ALTERATION OF THE CONSTITUTION.

THE spirit of federalism requires, that the federal part shall not be at the mercy of the central government. Therefore, in no federal system is the power of constitutional amendment left in the principal organ of that government-the federal legislature-save in the German Empire, where, however, the predominant Chamber-the Bundesrath-both in its constitution and mode of action, is a perpetual memorial of confederatism, and affords ample protection to State rights. There may be, in the constitution itself, an organization of the state behind the government, or " the founders of the polity may have deliberately omitted to provide any means for lawfully changing its bases." A signal instance of the latter course is to be found in the case of the Dominion of Canada, where the fundamental provisions of the British North America Act, 1867, are alterable only by the Imperial Parliament.

In Australia, it was as necessary, as elsewhere, to establish the federal system upon a basis, which should not be dis-turbed by the legislature. But it was no less an object of the founders of the Commonwealth to enlarge the power of self-government. The existing colonies had the power of amending their own Constitutions, the Commonwealth must have the power of amending the Commonwealth Constitution. One of the most difficult tasks, which the Convention had to perform, was to devise a mode of amend