Constituent power in Australia

Abstract

Potere costituente in Australia – This article offers an account of the constituent power from which the Australian Constitution derives its origin and its legitimacy, supplemented by occasional comparisons with the constituent power associated with the emergence of the Italian regional state in the 1948 Constitution, using the theory of constituent power elaborated by Mortati as the theoretical lens. It is argued that, unlike the Italian experience, the constituent power as manifested in the Australian case is profoundly plural and federal in nature. These plural foundations have had a significant impact on the design and structure of the Australian Constitution.

Keywords: Constituent power; Australia; Federalism; Italy; Mortati