JSB171 Lecture Notes - Lecture 1: Aust, Builders Labourers Federation, Union Company
Document Summary
State constitutions confer a general power upon the state parliaments: cf. heads of power for cth, for peace, welfare and good government of the states in all cases whatsoever . State parliaments have plenary and ample powers (as the imperial parliament) subject to express and implied limitations: powell v apollo candle (1885) Facets: power to amend constitution, lack of enforceable separation of judicial power. 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 (1907, cf. originally had to be expressly overturned: cooper v commissioner of income tax. Mccawley v the king [1920] pc from qld: industrial arbitration act 1916 s6(6) providing that the president of the court of arbitration (renewable 7 year term) can be appointed to sc. Designed to guarantee such a person the same rights as sc judges. But true effect was to authorise sc appointment for only 7yrs.
