The Delegates to the 1897 National Convention - Assignment Example

Mostly, it is suggested that the parliament is the supreme authority, while courts are considered as the institution that deal with the crimes and criminal (Patapan, 2006). In fact, it is wrong to consider only the courts as the institution to deal with the crimes and the criminals, Courts are the protector of state rights against any amendment in the constitution. Most of the part of the Australian constitution is taken influence with the American constitution. The delegates emphasized on the importance of the high courts, as the pillar in the nation building and protecting the rights of the people and the states.

The statement is correct for modern scenario, as the problems regarding the state and government are rising and sometimes the parliament suggests amending the constitution. In this case, there is a need of any institution that prohibits the central government to violate the constitution. The most appropriate method is to assign this job to the high court. High court is the independent institution that has the right to evaluate, which type of the amendment in the constitution is necessary and which is not.

Thus, it is important to have independent courts not under influence of any other institution. Depicting the condition of the parliament at that time, French (2011) quotes "…a vague feeling of distrust of the Constitution, as the work of a body somewhat conservative in composition, only indirectly representative of the people, and entrusted with no very definite or detailed mandate even by the parliaments which created it". As, the world’s politics is changing due to the influence of various aspects like the terrorism, trade, etc, the central government has the right to debate the bills, amend the constitution and work for the good of the people by passing the bills that are directly or indirectly related to the trade, economy and size of population.

However, it is important that that the court verify any change in the constitution. Sometimes, the ruling party favors the certain amendments in the constitution that is mostly agreed and most of the members of the parliament cast votes in favor of the amendments to support the views of the party. French (2011) quotes the Lord Coleridge words as "one which it is for the public interest that individual should possess, and, indeed, that they should exercise without impediment, so long as no wrongful act is done".

However, if there is a need of any amendment in the constitution, the parliament should have to debate the severity of the problem and submit reports to the high court for the consideration. The problem is severe in the modern world, as the elected parliament is unable to deliver the mandate. On the other hand, the parliament is sovereign to take steps to change or amend the constitution for the sake to profit a person, a group or a country (Craven, n.d.). Like, if the parliament passes a law that blacks are prohibited to marry a white girl and