Fundamental Law and the Processes of Constitutional Change in Australia

Abstract

This article explores the concept of “fundamental law” as it relates to the Australian legal system. Concentrating in particular on constitutional law and the special place in that body of law of the doctrines relating to amendment of the Federal and State constitutions, Dr Lumb examines the source of the power to amend the constitution, the limitations on that power and the aspects of our legal system which may be beyond the power to amend. It attempts to discover those elements of our constitutional systems which are so fundamental that they may not be materially altered by any form or process of constitutional alteration.