Section 53 of the Constitution: An Overlooked Reference to the Constitutional People
Australian Law Journal, Vol. 87, pp. 784-792, 2013
10 Pages Posted: 27 Nov 2013 Last revised: 5 Sep 2014
Date Written: November 26, 2013
Abstract
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.
Keywords: The people, Australian constitution, s 53 Constitution, constitutional identity
JEL Classification: K10, K30
Suggested Citation: Suggested Citation