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Published online by Cambridge University Press: 05 August 2012
[T]he word ‘federal’ is applied to the composite state, or political community, formed by a federal union of States. It thus describes, not the bond of union between the federating States, but the new State resulting from that bond. It implies that the union has created a new State, without destroying the old States; that the duality is in the essence of the State itself that there is a divided sovereignty, and a double citizenship. This is the sense in which Freeman, Dicey and Bryce speak of a ‘Federal State’; and it is the sense in which the phrase ‘a Federal Commonwealth’ is used in [the Australian Constitution].
John Quick and Robert Garran (1901)Five key ‘authorities’ on federalism – James Madison, James Bryce, Edward Freeman, A. V. Dicey and John Burgess – transmitted unique understandings of federalism to their readers, Australian and otherwise. And yet every reader brings to a text his or her own concerns, questions, assumptions and values. How, in particular, did the Australians read these writers? What lessons did they think they had learned, and what did these lessons mean for the federation of the Australian colonies in the late nineteenth century?
Only a relatively small number of Australians – the delegates to the federal conference and conventions of the 1890s – had a direct say concerning the specific content of the Australian Constitution. It can be said with some justification that there were at least as many Australian interpretations of federalism as there were framers of the Australian Constitution.
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