AJ 025 Lecture Notes - Lecture 5: Aust, Statutory Interpretation, Obiter Dictum

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Unlike the amending law, the restriction does not have to relate to cpp of the parliament. To actually be effective, the restriction must be mandatory. The provision imposing the restriction must also be protected, called double entrenchment. So the future parliament can"t just abolish the section they don"t like. It makes it impossible for a future legislature to enact a particular kind of law or. It abdicates parliament"s power to another body. Hc has said it isn"t binding if a restriction makes it impossible for a future parliament to amend the provision. If the restriction doesn"t actually apply to the particular law, it doesn"t have to comply. Parliament passed bill to say any amendments to electoral distribution act cannot receive assent without having absolute majority in both houses. Later parliament wanted to amend the act and get around the restriction. Passed an act to repeal electoral distribution act, another one reintroduced it without manner and form restriction.