The People, The Queen, and Australian Independence

Abstract

This paper investigates the emergence of the Commonwealth of Australia in 1901 and makes the case for Australian independence at that time, drawing the relationship between the people and the Sovereign, as well as upon the views of Justice Lionel Murphy while analyzing the opposing views of other High Court judges. It also argues that the role of royal power and the relationship between the Sovereign and the Australian people was and remains fundamental to Australian constitutionalism.

Keywords: Australian independence, Monarchy, coronation oath, Australian Constitution, constitutional law, constitutional history, Justice Lionel Murphy

JEL Classification: K00, B30