JSB171 Lecture Notes - Lecture 1: Albert Marquet, Specific Performance, Ansett Australia
Document Summary
State constitutions originally enacted by uk parliament: re-enacted by individual states (all states except wa, where it was merely amended) State constitutions continue after federation, but subject to cth consititon: s106 constitution: generally the constitution is just an act that parliaments may amend by a later act: s5. Colonial laws validity act 1865: but state parliaments may restrict manner and form" of amendments of given sections: s5. Usually passed by absolute majority" or submitted to referendum". Didn"t want to hold a referendum just to tidy up the act. Therefore these sections still exist as separate legislation. Printed with current constitution for convenience: currently, constitution of queensland 2001, eight remaining sections of constitution act 1867 and amending acts. Colonial laws validity act 1865 (imp) s 5. Although moot point referendum failed council put to referendum. Isaacs j at 474: amendment need not be express.
