Section 53 of the Constitution: An Overlooked Reference to the Constitutional People

Australian Law Journal, Vol. 87, pp. 784-792, 2013

Sydney Law School Research Paper No. 13/87

10 Pages Posted: 27 Nov 2013 Last revised: 5 Sep 2014

See all articles by Elisa Arcioni

Elisa Arcioni

The University of Sydney - Faculty of Law

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

Arcioni, Elisa, Section 53 of the Constitution: An Overlooked Reference to the Constitutional People (November 26, 2013). Australian Law Journal, Vol. 87, pp. 784-792, 2013, Sydney Law School Research Paper No. 13/87, Available at SSRN: https://ssrn.com/abstract=2360348

Elisa Arcioni (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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