In recent decades, the substantial loss of real power from Parliament to the Executive and from the Executive to the Head of Government has become clear. In many ways, our Constitution no longer truly describes our system of government, as it is practised.

We do not have a lively national discussion about new checks and balances in the Constitution. For many Australian lawyers this is too large a challenge, too hypothetical, too unattainable.

Of their nature, all laws need regular review. The Australian Constitution is no exception. Although the courts are uncorrupted, there are still dangers. One of them was noted, and not just by me, in the recent decision of the High Court in the constitutional challenge to the increasing incidence of temporary judges in State courts.

Another, connected with the lack of genuine constitutional debate, concerns the common disrespect for federalism in Australia. Yet the federal system of government can often be a wise system, specially suited to features of the modern age.