Dawson is now in a minority of one on a High Court Bench on a fundamental constitutional question: the location of ultimate sovereignty in Australia.
Dawson’s approach is the classic legalistic one. He says the power and authority of the Constitution comes from the British Parliament, not the Australian people.
In the broadcasting-ban case last week he said: “”And the Constitution is itself a law declared by the Imperial Parliament to be “binding on the courts, judges and people of every state and every part of the Commonwealth’. It does not purport to obtain its force from any power residing in the people to constitute a government. The legal foundation of the Australian Constitution is an exercise of the sovereign power by the Imperial Parliament.”
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