the Australasian Federal Conventions of the 1890s

Essay Question: During the debates of the Australasian Federal Conventions of the 1890s, in what came to be known as the ‘Hackett thesis’ [1], John Winthrop Hackett, the delegate for Western Australia, stated the following [2]: ‘Without a strong, capable senate, [giving effect to the federal compact will be] impossible; and I venture to say if we were to do anything to weaken the power of the senate, if we were to take even the extreme step of granting responsible government in its present form-that is, the responsible government which, as applied to a federation, is distinctly not proved a success in Canada, and which, as applied in the United Kingdom, has distinctly proved a failure, and which has forced a large part of that kingdom into a cry, irresistible as I think it will be found, for something nearly approaching separation-if that is the responsible government which it is proposed to graft upon our new federation, there will be one of two alternatives-either responsible government will kill federation, or federation in the form in which we shall, I hope, be prepared to accept it, will kill responsible government’. (Emphasis added) Do you agree with the Hackett thesis? Use at least 2 Australian Constitutional Law cases to justify your answer. References: [1] Alan Fenna, ‘Federalism’ in R A W Rhodes (eds),The Australian Study of Politics (Palgrave Macmillan, 2009) 146, 153. [2] Official Record of the Debates of the Australasian Federal Convention, Sydney, 12 March 1891, 280 (John Winthrop Hackett); see also Adelaide, 23 March 1897, 28 (Richard Baker).

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