By Leslie Zines
This booklet is worried with alterations and proposed adjustments to the governmental buildings of the 4 oldest individuals of the Commonwealth--Britain, Australia, Canada and New Zealand. it really is divided into 3 sections. the 1st contrasts the efforts of the 3 "older dominions" to loose themselves legally from their constitutional ties with the uk, now not accomplished until eventually the Nineteen Eighties. the second one part examines makes an attempt and recommendations to minimize the ability of the parliaments to impair person and democratic rights. merely Canada has completed anything just like the us' invoice of Rights, yet there are a few social pressures within the related path within the different 3 nations. the ultimate part compares the judicial interpretation of the federal constitutions of Canada and Australia. This in flip is in comparison with the location of england within the EEC. because of political forces and judicial interpretation, the facility of the British Parliament is gradually waning in prefer of elevated neighborhood strength, in a fashion similar to that taking place when it comes to the distribution of crucial and neighborhood energy in Canada and Australia.
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Additional resources for Constitutional Change in the Commonwealth
49 A. Mason, 'A Bill of Rights for Australia': Address to The Australian Bar Association Bicentennial Conference, 11 July 1988. 55 CONSTITUTIONAL CHANGE IN THE COMMONWEALTH Many of these rights and freedoms are similar to those in the European Convention. There are, in addition, two broadly worded provisions that I wish to mention again shortly. These are in sections 7 and 15. Section 7 provides: Everyone has the right to life, liberty and security of person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Any alteration to United Kingdom law on the subject, as occurred in 1936, could not apply to the other three countries. Subject, as 39 The Engineers Case (1920) 28 Commonwealth Law Reports 129. +° Attorney-General (Ontario) v Attorney-General (Canada)  Appeal Cases 571. 28 CONSTITUTIONAL AUTONOMY always, to a special problem in Australia, it is legally possible therefore that these countries could finish up with different monarchs. The plenary power of New Zealand would give its Parliament the power to alter the rules of royal succession.
55 CONSTITUTIONAL CHANGE IN THE COMMONWEALTH Many of these rights and freedoms are similar to those in the European Convention. There are, in addition, two broadly worded provisions that I wish to mention again shortly. These are in sections 7 and 15. Section 7 provides: Everyone has the right to life, liberty and security of person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Section 15 is as follows: (1) (2) Every individual is equal before and under the law and has the right to the equal protection and the equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disabilities.
Constitutional Change in the Commonwealth by Leslie Zines