Australia’s movement towards independence has been a gradual one; it is “the result of an orderly development - not … the result of a revolution” . It is difficult to say that Australia’s independence came at one specific point in time. The question of if and when Australia became an independent nation is one that needs to be looked at over the scope of time and from a variety of angles: legal, cultural, and social. The emphasis placed by the case law on the changes which have occurred beyond those purely legal in nature necessitates this.
The majority in Sue v Hill (Gleeson CJ, Gummow & Hayne JJ) indicate that the development of Australia’s independence culminated in the Australia Act in 1986 and was foreseen by constitutional scholars writing at Federation. An important question here though is what level of independence must be attained in order for “complete” independence to be considered to have been achieved. If a level of independence is required wherein no cultural,......
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