Section 53 of the Constitution: an overlooked reference to the constitutional people
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Open Access
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ArticleAuthor/s
Arcioni, ElisaAbstract
Section 53 of the Constitution sets out the limitations on the power of the Senate with respect to financial legislation. There is ongoing disagreement as to what legislation is caught by the section. This article does not resolve that disagreement. Instead, it focuses on exploring the meaning of “the people” in the third paragraph of s 53. That paragraph states: “The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.” Those people are identified as the national people who receive representation in both Houses of Parliament.Section 53 of the Constitution sets out the limitations on the power of the Senate with respect to financial legislation. There is ongoing disagreement as to what legislation is caught by the section. This article does not resolve that disagreement. Instead, it focuses on exploring the meaning of “the people” in the third paragraph of s 53. That paragraph states: “The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.” Those people are identified as the national people who receive representation in both Houses of Parliament.
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Date
2013Source title
Australian Law JournalVolume
87Issue
11Publisher
Thomson ReutersLicence
Copyright All Rights ReservedRights statement
This article was published by Thomson Reuters and should be cited as Arcioni, E. (2013). Section 53 of the Constitution: an overlooked reference to the constitutional people. Australian Law Journal, 87(11), 784–792. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare