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Royal Commission on the Constitution

Royal Commission on the Constitution (1927–1929) · Constitution Commission

18 August 1927 – 21 November 1929

Seven-member royal commission chaired by Professor John Peden that reviewed how the Commonwealth Constitution had worked since federation and whether it should be altered. Its 1929 report remains a standard source on Australian federalism.

How it came into existence

Appointed by the Governor-General on the advice of the Bruce government by Letters Patent dated 18 August 1927 to inquire into and report on the powers of the Commonwealth under the Constitution and the working of the Constitution since federation, and on any alterations that were desirable. The chairman was Professor (Sir) John Peden, Challis Professor of Law at the University of Sydney and a member of the New South Wales Legislative Council; the other commissioners were Senator P. P. Abbott, E. K. Bowden MHR, Sir Hal Colebatch, T. R. Ashworth, M. B. Duffy and D. L. McNamara. It took evidence in every state, including evidence from L. F. Giblin and Professor J. B. Brigden on the effect of the tariff on the smaller states.

Changes during its life

  1. 28 August 1929The Prime Minister told the House that the commission expected its report to be ready for the Governor-General the following week; its cost to date was £17,789.
  2. 21 November 1929Report presented to Parliament by command.

How it ended

The report was completed in September 1929 and presented to the Governor-General; it was presented to Parliament on 21 November 1929. The commissioners divided: Peden, Abbott, Bowden and Colebatch favoured keeping the federal system with limited amendments, while Ashworth, Duffy and McNamara favoured a unitary system with much wider Commonwealth powers. No constitutional amendment followed directly; the Constitution alteration bills introduced by the Scullin government in 1930 did not reach a referendum. The Parliamentary Handbook gives 21 November 1929 as the date the final report was presented.

Main functions

  • Review of the working of the Constitution since 1901
  • Division of powers between the Commonwealth and the states
  • Industrial and trade and commerce powers
  • Methods of amending the Constitution

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Sources