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2 - Reframing the analysis

Published online by Cambridge University Press:  05 August 2012

Nicholas Aroney
Affiliation:
University of Queensland
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Summary

[W]e the Inhabitants and Residents of Windsor, Hartford and Wethersfield … do … associate and conjoin ourselves to be as one Public State or Commonwealth; and do for ourselves and our successors and such as shall be adjoined to us at any time hereafter, enter into Combination and Confederation together.

Fundamental Orders of Connecticut (1639)

In America, the township was organised before the county, the county before the State, and the State before the Union.

Alexis de Tocqueville (1835)

The manner and context in which a federal system comes into being has a distinct and pervasive influence on the kinds of governing institutions and decision-making processes that are adopted within that system. Every federal constitution establishes a particular set of representative institutions, configurations of power and amending processes. A close analysis of the formative basis of a federal constitution – understood as a complex set of political mores, institutions and laws – sheds significant light on the terms and structure of that constitution. Thus, the various kinds of federal system can be classified by reference to their peculiar formative processes, as well as by reference to the influence of those processes on the representative structures, configuration of powers and amending processes adopted under the federal pact – and not by reference only to those outcomes in abstraction from the processes that led to them. As will be seen, the lines of influence generally move from formative basis to representative institutions and configurations of power, and then, in turn, to the amendment processes adopted thereunder.

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The Constitution of a Federal Commonwealth
The Making and Meaning of the Australian Constitution
, pp. 39 - 64
Publisher: Cambridge University Press
Print publication year: 2009

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  • Reframing the analysis
  • Nicholas Aroney, University of Queensland
  • Book: The Constitution of a Federal Commonwealth
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511609671.004
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  • Reframing the analysis
  • Nicholas Aroney, University of Queensland
  • Book: The Constitution of a Federal Commonwealth
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511609671.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Reframing the analysis
  • Nicholas Aroney, University of Queensland
  • Book: The Constitution of a Federal Commonwealth
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511609671.004
Available formats
×