LAW1112 Lecture Notes - Lecture 5: Union Company, Australia Act 1986, Constitution Of Australia

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9 Nov 2018
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State parliaments: state parliaments evolved out of the colonial legislatures in place before. Wales in all cases whatsoever . (cid:499) (cid:498). We will learn about this in topic 8, but note that this is not a rule of constitutional law. Power to change state constitutions: remember: each new parliament is supreme. This mean there is a limited extent to which it can bind its successors: but: state parliaments can enact provisions that entrench their constitutions, e. g. Not is it merely an historical legislature that can fulfil functions envisaged for it by the constitution. (cid:495: akin to that enjoyed by parliament in westminster (cid:523)but no eu impact . (cid:524) Express provisions (eg s 92) and some implied rights in the australian. Implicit constitutional limitations: see eg union steamship v king (above) and. Durham holdings pty ltd v nsw (2001), per kirby j: colony given a different name. It derives its constitutional status as such from the federal constitution.

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