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Miller Act

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The Miller Act (ch. 642, Sec. 1-3, 49 stat. 793,794, codified as amended in Title 40 of the United States Code ) requires prime contractors on some government construction contracts to post bonds guaranteeing both the performance of their contractual duties and the payment of their subcontractors and material suppliers.

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72-605: The Act was originally enacted as the Heard Act in 1894. That act established a single performance and payment bond that "did afford some protection to... unpaid subcontractors and materialmen, but it was fraught with substantive and procedural limitations", and it was superseded by the Miller Act of 1935. The Miller Act addresses two concerns that would otherwise exist in the performance of federal government construction projects: The Miller Act applies to contracts awarded for

144-572: A central government established usually through coercion (on the model of the Roman Empire ). An empire often includes self-governing regions, but these will possess autonomy only at the sufferance of the central government. On the other hand, a political entity that is an empire in name, may comprise several partly autonomous kingdoms organised together in a federation, with the empire being ruled over by an emperor or senior king ( great king , high king , king of kings ...). One example of this

216-505: A stronger central government than the US in the wake of the Civil War of the latter, use the term "Confederation" to refer to the formation or joining, not the structure, of Canada. Legal reforms, court rulings, and political compromises have decentralized Canada in practice since its formation in 1867. An empire is a multi-ethnic state, multinational state , or a group of nations with

288-646: A Quebec nation , with corresponding rights and powers for Quebec within the Canadian federation. This ideology is opposed to Quebec sovereigntism , proponents of Quebec independence, most often (but not for all followers) along with an economic union with Canada similar to the European Union. In the United States the term federalist usually applies to a member of one of the following groups: The Federalist Society for Law and Public Policy Studies

360-450: A broad definition of a basic federalism , there are two or more levels of government that exist within an established territory and govern through common institutions with overlapping or shared powers as prescribed by a constitution. The federal government is the government at the level of the sovereign state. Usual responsibilities of this level of government are maintaining national security and exercising international diplomacy, including

432-490: A central authority theoretically can include: the constitutional authority to suspend a constituent state's government by invoking gross mismanagement or civil unrest, or to adopt national legislation that overrides or infringes on the constituent states' powers by invoking the central government's constitutional authority to ensure "peace and good government" or to implement obligations contracted under an international treaty. The governmental or constitutional structure found in

504-483: A coalition Army gathered by Entre Ríos Federalist Governor Justo José de Urquiza , who accused Rosas of not complying with Federal Pact provisions for a National Constitution. In 1853, a Federal Constitution was enacted (the current Constitution of Argentina, through amendments) and Urquiza was elected President of the Argentine Confederation . However, on the aftermath of 1852 Battle of Caseros ,

576-405: A direct contractual relationship with a subcontractor , but no contractual relationship, express or implied, with the contractor furnishing the payment bond, may bring a civil action on the payment bond on giving written notice to the contractor within 90 days from the date on which the person did or performed the last of the labor or furnished or supplied the last of the material for which the claim

648-426: A federation is Malaysia , in which Sarawak and Sabah agreed to form the federation on different terms and conditions from the states of Peninsular Malaysia . A federation often emerges from an initial agreement between several separate states. The purpose can be the will to solve mutual problems and to provide for mutual defense or to create a nation-state for an ethnicity spread over several states. The former

720-492: A federation is considered to be federalist , or to be an example of federalism . It can be considered in comparison with the unitary state . France and Japan , for example, have been unitary for many centuries. The Austrian Empire was a unitary state with crown lands , after the transformation into the Austria-Hungary monarchy the remaining crown lands of so-called Cisleithania became federated as Länder of

792-638: A federation only after the fall of the monarchy , and Venezuela became a federation after the Federal War . Australia and Canada are also federations. Germany is another nation-state that has switched between confederal, federal and unitary rules, since the German Confederation was founded in 1815. The North German Confederation , the succeeding German Empire and the Weimar Republic were federations. Founded in 1922,

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864-475: A federation to be brought into being by agreement between a number of formally independent states, in a unitary state self-governing regions are often created through a process of devolution, where a formerly centralized state agrees to grant autonomy to a region that was previously entirely subordinate. Thus, federations are often established voluntarily from "below" whereas devolution grants self-government from "above". A confederation , in modern political terms,

936-793: A political union is the Union of European Federalists . Movements towards a peacefully unified European state have existed since the 1920s, notably the Paneuropean Union . A pan-European party with representation in the European Parliament fighting for the same cause is Volt Europa . In the European Parliament the Spinelli Group brings together MEPs from different political groups to work together of ideas and projects of European federalism; taking their name from Italian politician and MEP Altiero Spinelli , who himself

1008-588: Is an important challenge. The inability to meet this challenge may lead to the secession of parts of a federation or to civil war, as occurred in the United States (southern states sought to protect the institution of slavery while northern states opposed it, with a catalysis occurring in the then– Kansas Territory ), in Nigeria and in Switzerland . In the case of Malaysia , Singapore was expelled from

1080-432: Is an organization of conservative and libertarian lawyers and others dedicated to debate of these principles. The World Federalist Movement is a global citizens movement that advocates for strengthened and democratic world institutions subjected to the federalist principles of subsidiarity, solidarity and democracy. It states that "[w]orld federalists support the creation of democratic global structures accountable to

1152-651: Is divided into three traditional chiefdoms: Uvea , Sigave , and Alo . The chiefdoms are allowed to have their own legal system which have to be implemented along with French legal system . Under the terms of the Fomboni Accords, signed in December 2001 by the leaders of all three islands, the official name of the country was changed to the Union of the Comoros ; the new state was to be highly decentralised and

1224-465: Is made. The action must state with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. A waiver of the right to pursue a payment bond action under the Act by a person supplying labor or materials is void unless it was executed in writing, signed by the person whose right is to be waived, and executed after

1296-621: Is necessarily the case (such as Saint Kitts and Nevis or the Federated States of Micronesia ). About 40% of world population live in a federation. Several ancient chiefdoms and kingdoms, such as the 4th-century-BCE League of Corinth , Noricum in Central Europe , and the Iroquois Confederacy in pre-Columbian North America , could be described as federations or confederations . The Old Swiss Confederacy

1368-407: Is sometimes one with only a single, centralized, national tier of government. However, unitary states often also include one or more self-governing regions. The difference between a federation and this kind of unitary state is that in a unitary state the autonomous status of self-governing regions exists by the sufferance of the central government, and may be unilaterally revoked. While it is common for

1440-542: Is suggested as one possible de facto federation as it grants more self-government to its autonomous communities than are retained by the constituent entities of most federations. For the Spanish parliament to revoke the autonomy of regions such as Galicia , Catalonia or the Basque Country would be a political near-impossibility, though nothing bars it legally. The Spanish parliament has, however, suspended

1512-454: Is therefore not a de jure federation, although some academic observers conclude that after 50 years of institutional evolution since the Treaties of Rome it is becoming one. The European Union possesses attributes of a federal state. However, its central government is far weaker than that of most federations and the individual members are sovereign states under international law, so it

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1584-473: Is usually characterized as an unprecedented form of supra-national union. The EU has responsibility for important areas such as trade, monetary union, agriculture, and fisheries. Nonetheless, EU member states retain the right to act independently in matters of foreign policy and defense, and also enjoy a near-monopoly over other major policy areas such as criminal justice and taxation. Since the Treaty of Lisbon ,

1656-502: Is usually limited to a permanent union of sovereign states for common action in relation to other states. The closest entity in the world to a confederation at this time is the European Union . While the word confederation was officially used when the Canadian federal system was established in 1867, the term refers only to the process and not the resulting state since Canadian provinces are not sovereign and do not claim to be. In

1728-735: The British Empire . In some recent cases, federations have been instituted as a measure to handle ethnic conflict within a state, such as Bosnia and Herzegovina , and Iraq since 2005 as well as Somalia since 2012 . With the United States Constitution having become effective on 4 March 1789, the United States is the oldest surviving federation, while the newest federation is Nepal , after its constitution went into effect on 20 September 2015. The component states are in some sense sovereign, insofar as certain powers are reserved to them that may not be exercised by

1800-773: The Crown Dependencies of the Isle of Man and the bailiwicks of Guernsey and Jersey in the Channel Islands and the United Kingdom is very similar to a federate relation: the Islands enjoy independence from the United Kingdom, which, via The Crown, takes care of their foreign relations and defense – although the UK Parliament does have overall power to legislate for the dependencies. However,

1872-833: The Platine Region was José Gervasio Artigas , who opposed the centralist governments in Buenos Aires that followed the May Revolution , and created instead the Federal League in 1814 among several Argentine Provinces and the Banda Oriental (modern-day Uruguay ). In 1819, the Federal armies rejected the centralist Constitution of the United Provinces of South America and defeated

1944-639: The Province of Buenos Aires had seceded from the Confederation. In 1859, after the Battle of Cepeda the State of Buenos Aires rejoined the Confederation, although it was granted the right to make some amendments to its Constitution. Finally, after the 1861 Battle of Pavón , Buenos Aires took over the Confederation. The following federal governments fought the weaker Federalist and Autonomist resistances in

2016-456: The Republic of Austria through the implementation of its constitution . Germany , with its 16 states, or Länder , and Nigeria , with its 36 states and federal capital territory , are examples of federations. Federations are often multi-ethnic and cover a large area of territory (such as Russia , the United States , Canada , India , Brazil , Pakistan or Australia ), but neither

2088-522: The Soviet Union was formally a federation of Soviet republics , autonomous republics and other federal subjects, though in practice highly centralized under the government of the Soviet Union . The Russian Federation has inherited a similar system. India , Pakistan , Nigeria and Malaysia (then Federation of Malaya ) became federations on or shortly before becoming independent from

2160-637: The centralized government that the Unitarians and Centralists favored. Furthermore, Federalists demanded tariff protection for their industries and, in Argentina, called for the end of the Buenos Aires customs as the only intermediary for foreign trade. During the Federal War (1859-1863) in Venezuela, liberal caudillos confronted conservatives, leading to the establishment of the modern federal States of Venezuela . The one Federalist leader in

2232-428: The proclaimed Arab federations were confederations de facto . Federalist The term federalist describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters call themselves Federalists . In Europe , proponents of deeper European integration are sometimes called Federalists. A major European NGO and advocacy group campaigning for such

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2304-563: The "F" word in the EU context should feel free to refer to it as a quasi-federal or federal-like system. Nevertheless, for the purposes of the analysis here, the EU has the necessary attributes of a federal system. It is striking that while many scholars of the EU continue to resist analyzing it as a federation, most contemporary students of federalism view the EU as a federal system. ( See, for instance, Bednar, Filippov et al., McKay, Kelemen, Defigueido and Weingast ) A more nuanced view has been given by

2376-476: The "federal nature of Spain's government (a trend that almost no one denies)." Each autonomous community is governed by a Statute of Autonomy ( Estatuto de Autonomía ) under the Spanish Constitution of 1978 . Although South Africa bears some elements of a federal system, such as the allocation of certain powers to provinces, some nevertheless argue that it is functionally a unitary state. On

2448-677: The 1970s. Moreover, although nominally called a federal state, the country's structure already has a number of confederational traits . At present, there is a growing movement to transform the existing federal state into a looser confederation with two or three constitutive states and/or two special regions. A confederation is most likely to feature three differences when contrasted with a federation: (1) No real direct powers: many confederal decisions are externalized by member-state legislation; (2) Decisions on day-to-day-matters are not taken by simple majority but by special majorities or even by consensus or unanimity (veto for every member); (3) Changes of

2520-533: The Federal Pact into a loose confederation of Provinces known as the Argentine Confederation . Although the Unitarians were exiled in neighboring countries, the Civil War continued for two decades. Buenos Aires Governor Juan Manuel de Rosas exerted a growing hegemony over the rest of the country during his 1835-1852 Government and resisted several Unitarian uprisings, but was finally defeated in 1852 by

2592-739: The German Constitutional Court. Here the EU is defined as 'an association of sovereign national states ( Staatenverbund )'. With this view, the European Union resembles more of a confederation . Constitutionally, the power vested in the special administrative regions of the People's Republic is granted from the Central People's Government , through a decision by the National People's Congress . However, there have been certain largely informal grants of power to

2664-642: The Member States' right to leave the Union is codified, and the Union operates with more qualified majority voting (rather than unanimity) in many areas. By the signature of this Treaty, the participating Parties give proof of their determination to create the first supranational institution and that thus they are laying the true foundation of an organized Europe. This Europe remains open to all nations. We profoundly hope that other nations will join us in our common endeavor. Europe has charted its own brand of constitutional federalism. Those uncomfortable using

2736-1068: The Tenth Amendment contained in the Bill of Rights and the Eleventh Amendment. However, later amendments, particularly the Fourteenth Amendment, gave the federal government considerable authority over states. Federal government within this structure are the government ministries and departments and agencies to which the ministers of government are assigned. There are 26 federations in the world, with 6 each in Asia and Europe , 5 in Africa , 4 in North America , 3 in South America and 2 in Oceania . Some of

2808-723: The United Kingdom, because, in a devolved state, the central government can revoke the independence of the subunits (the Scottish Parliament , the Welsh Parliament and the Northern Ireland Assembly in the case of the United Kingdom) without changing the constitution. In some cases, such as the autonomous communities of Spain , devolution has led to federation in all but name, or "federation without federalism". The relation between

2880-546: The autonomy of Catalonia in response to the Catalan declaration of independence , in the lead-up to the 2017 Catalan election . Additionally, some autonomies such as Navarre or the Basque Country have full control over taxation and spending, transferring a payment to the central government for the common services (military, foreign relations, macroeconomic policy). For example, scholar Enrique Guillén López discusses

2952-415: The autonomy of a self-governing region, it may be politically difficult for it to do so in practice. The self-governing regions of some unitary states also often enjoy greater autonomy than those of some federations. For these reasons, it is sometimes argued that some modern unitary states are de facto federations. De facto federations, or quasi-federations, are often termed " regional states ". Spain

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3024-585: The case of Switzerland , while the country is still known officially as the Swiss Confederation, this is now a misnomer since the Swiss cantons lost their sovereign status in 1848. In Belgium, however, the opposite movement is underway. Belgium was founded as a centralized state, after the French model, but has gradually been reformed into a federal state by consecutive constitutional reforms since

3096-406: The central government, is constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body without constitutional amendment. Sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. Overriding powers of

3168-471: The central government. However, a federation is more than a mere loose alliance of independent states. The component states of a federation usually possess no powers in relation to foreign policy and so enjoy no independent status under international law . However, German Länder have that power, which is beginning to be exercised on a European level. Some federations are called asymmetric because some states have more autonomy than others. An example of such

3240-417: The central union government would devolve most powers to the new island governments, each led by a president. Certain forms of political and constitutional dispute are common to federations. One issue is that the exact division of power and responsibility between federal and regional governments is often a source of controversy. Often, as is the case with the United States , such conflicts are resolved through

3312-484: The constitution, usually a treaty, require unanimity. Over time these terms acquired distinct connotations leading to the present difference in definition. An example of this is the United States under the Articles of Confederation . The Articles established a national government under what today would be defined as a federal system (albeit with a comparatively weaker federal government). However, Canadians, designed with

3384-641: The construction, alteration, or repair of any public building or public work of the United States Federal government . While the Act provides that the bonds must be posted on contracts exceeding $ 100,000, Federal Acquisition Regulation (FAR) Part 28 requires the bonds only on contracts that exceed $ 150,000. The Act requires the Federal Acquisition Regulations to establish alternative payment protections for contracts in excess of $ 30,000 but not exceeding $ 150,000, with

3456-405: The contract-specific protection to be determined by the contracting officer . While the Miller Act applies only to federal contracts, state legislatures throughout the United States have enacted " Little Miller Acts " that establish similar requirements for state contracts. Once contract is awarded, the contractor must furnish the government a performance bond issued by a surety satisfactory to

3528-731: The countryside until the 1870s. The last Autonomist rebellion in Buenos Aires was quelled in 1880, leading to the federalization of Buenos Aires city and the stabilization of the Argentine State and government through the National Autonomist Party . Federalism , in regard to the National Question , refers to support for Quebec remaining within Canada , while either keeping the status quo or pursuing greater autonomy and constitutional recognition of

3600-461: The entire jurisdiction is relatively homogeneous, and each constituent state resembles a miniature version of the whole; this is known as 'congruent federalism'. On the other hand, incongruent federalism exists where different states or regions possess distinct ethnic groups. The ability of a federal government to create national institutions that can mediate differences that arise because of linguistic, ethnic, religious, or other regional differences

3672-542: The federal and the unitary state during its history. Some present-day states of the Brazilian federation retain borders set during the Portuguese colonization (before the very existence of the Brazilian state), whereas the latest state, Tocantins , was created by the 1988 Constitution for chiefly administrative reasons. Seven of the top eight largest countries by area are governed as federations. A unitary state

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3744-736: The federation because of rising racial tension. In some cases, internal conflict may lead a federation to collapse entirely, as occurred the Federation of Rhodesia and Nyasaland , the Gran Colombia , the United Provinces of Central America , and the West Indies Federation . The federal government is the common government of a national or supranational federation. A federal government may have distinct powers at various levels authorized or delegated to it by its member states. The structure of federal governments varies. Based on

3816-458: The forces of Supreme Director José Rondeau at the 1820 Battle of Cepeda , effectively ending the central government and securing Provinces' sovereignty through a series of inter-Provincial pacts (v.g. Treaty of Pilar , Treaty of Benegas , Quadrilateral Treaty ). A new National Constitution was proposed only in 1826, during the Presidency of Unitarian Bernardino Rivadavia , but it

3888-771: The former leader of the SPD Martin Schulz . In the Spanish-speaking parts of Latin America the term "federalist" is used in reference to the politics of 19th-century Argentina and Colombia . The Federalists opposed the Unitarians in Argentina and the Centralists in Colombia through the 19th century. Federalists fought for complete self-government and full provincial autonomy, as opposed to

3960-407: The initiator of the European Community system, wrote that a transnational Community like the founding of the European Coal and Steel Community lay midway between an association of States where they retained complete independence and a federation leading to a fusion of States in a super-state . The Founding Fathers of the European Union wrote the Europe Declaration (Charter of the Community) at

4032-515: The islands are neither an incorporated part of the United Kingdom nor are they considered to be independent or associated states. The islands do not have a monarch, per se ; rather in the Isle of Man the British Monarch is, ex officio , Lord of Mann , and in the Bailiwicks of Guernsey and Jersey, the British Monarch rules as the Duke of Normandy . Dependent territories , such as the British overseas territories , are vested with varying degrees of power; some enjoy considerable independence from

4104-403: The judicial system, which delimits the powers of federal and local governments. The relationship between federal and local courts varies from nation to nation and can be a controversial and complex issue in itself. Another common issue in federal systems is the conflict between regional and national interests, or between the interests and aspirations of different ethnic groups. In some federations

4176-424: The labor or materials have been supplied. Federal government List of forms of government A federation (also called a federal state ) is an entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government ( federalism ). In a federation, the self-governing status of the component states, as well as the division of power between them and

4248-423: The labor was performed or material was supplied by the person bringing the action. The agency issuing the contract is required to provide a copy of the payment bond, which identifies the surety, which would be the defendant in an enforcement action, upon the presentation of an affidavit indicating the person requesting the copy has not been paid for labor or materials furnished under the contract. A person having

4320-434: The officer awarding the contract, in an amount the contracting officer considers adequate, for the protection of the Government. The contractor must also furnish a payment bond with a surety satisfactory to the contracting officer for the protection of all persons supplying labor and material in carrying out the work provided for in the contract for the use of each person. The amount of the payment bond generally must equal

4392-447: The other hand, if federation is defined as the constitutional entrenchment of the powers of subcentral units (provinces, etc.) that is not unilaterally changeable or revocable by the central authority, South Africa does qualify, formally, as a federal state. The European Union (EU) is a sui generis political union or confederation (the assemblage of societies or an association of two or more states into one state). Robert Schuman ,

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4464-516: The provinces, to handle economic affairs and implement national policies, resulting in a system some have termed federalism " with Chinese characteristics ". Constitutionally a unitary state , the political system in Myanmar bears many elements of federalism. Each administrative division has its own cabinets and chief ministers, making it more like a federation rather than a unitary state. The French overseas collectivity Wallis and Futuna maintains some quasi-federation attributes. The territory

4536-411: The right to sign binding treaties. Basically, a modern federal government, within the limits defined by its constitution, has the power to make laws for the whole country, unlike local governments. As originally written, the United States Constitution was created to limit the federal government from exerting power over the states by enumerating only specific powers. It was further limited by the addition of

4608-410: The sovereign state, which only takes care of their foreign relations and defense. However, they are neither considered to be part of it nor recognized as sovereign or associated states. The distinction between a federation and a unitary state is often quite ambiguous. A unitary state may closely resemble a federation in structure and, while a central government may possess the theoretical right to revoke

4680-525: The time of the signing of the Treaty of Paris on 18 April 1951 saying that Europe should be organized on a transnational foundation. They envisaged a structure quite different from a federation called the European Political Community . The EU is a three-pillar structure of the original supranational European Economic Community and the nuclear energy cooperation and non-proliferation treaty, Euratom , plus two largely intergovernmental pillars dealing with External Affairs and Justice and Home Affairs. The EU

4752-405: The total amount payable by the terms of the contract. A subcontractor or material supplier that has not been paid, within 90 days of the day on which he last furnished labor or materials for which the claim is made, may bring a civil action on the payment bond for the amount unpaid at the time the suit is brought. The suit must be brought no later than one year after the day on which the last of

4824-405: Was a major proponent of European federalism, also meeting with fellow deputies in the Crocodile Club . Notable European Federalists are former European Commission president Jean-Claude Juncker , current EC president Ursula von der Leyen , leader of ALDE group Guy Verhofstadt , German Federal Minister for Economic Affairs and Energy of Germany Peter Altmaier , German MEP Elmar Brok and

4896-542: Was again rejected by the Provinces, leading to the dissolution of the National Government the following year. Federalist Buenos Aires Governor Manuel Dorrego took over the management of the foreign affairs of the United Provinces, but he was deposed and executed in 1828 by Unitarian General Juan Lavalle , who commanded troops dissatisfied with the negotiations that ended the War with Brazil . The following year, Juan Manuel de Rosas , leader of Buenos Aires Federalists, defeated Lavalle and secured his resignation. Rosas

4968-607: Was an early example of formal non-unitary statehood. Several colonies and dominions in the New World consisted of autonomous provinces, transformed into federal states upon independence such as the United States , and various countries in Latin America (see Spanish American wars of independence ). Some of the New World federations failed; the Federal Republic of Central America broke up into independent states less than 20 years after its founding. Others, such as Argentina , have shifted between federal, confederal , and unitary systems, before settling into federalism. Brazil became

5040-418: Was elected Governor of Buenos Aires later that year by the Provincial Legislature. To counteract these developments, the Unitarian League was created by General José María Paz in 1830, uniting nine Argentine Provinces. The 1831 Federal Pact between Buenos Aires , Entre Ríos and Santa Fe Provinces opposed a military alliance to the League and ultimately defeated it during 1832, its former members joining

5112-437: Was the German Empire (1871–1918). A federacy is a unitary state that incorporates one or more self-governing autonomous areas . It is distinguished from a federation in that the constitutional structure of the state is still unitary, but incorporates federalist principles. Some federacies, notably Åland , were established through international treaty . A federation differs from a devolved state , such as Indonesia and

5184-510: Was the case with the United States and Switzerland. However, as the histories of countries and nations vary, the federalist system of a state can be quite different from these models. Australia, for instance, is unique in that it came into existence as a nation by the democratic vote of the citizens of each state, who voted "yes" in referendums to adopt the Australian Constitution . Brazil, on the other hand, has experienced both

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