Greetings, I’m writing a university paper arguing that Western Australia was legally justified when it tried to secede in 1933. I’m looking for legal theorists who present arguments in favor of secession. In particular, I’d be interested in a contractual approach. The following steps of reasoning might be involved:
The Constitution of Australia is a contract. The states entered that contract under the assumption that the commonwealth wouldn’t take over their areas of power (they have powers reserved to them under s 107 – similar to the 10th amendment in the US). We should respect original intent in interpreting the constitution. Since the Federal government has breached their promise and increasingly centralized power, the states now have a right to exit the compact (secede).
My lecturers jaw dropped to the floor– “Wha… where’d u get that argument?”
Me:”Radical legal scholars in the US”.