LAWS5020 Study Guide - Final Guide: Australian Public Service, Natural Disaster, Migration Act 1958
Document Summary
Judicial power interpretation and application of laws, resolution of disputes and punishment of criminals granted to hc and other federal courts created by. The power to enact a law includes the power to repeal or amend the law. It is a general principle of parliamentary sovereignty that one parliament cannot bind future parliaments. The source of power to entrench a law must therefore come from a higher source. In the case of the states it came originally from imperial legislation and then from the australia acts 1986 (cth) and (uk). Section 5 of the colonial laws validity act 1865 (imp) provided: The colonial laws validity act (cid:883)(cid:890)(cid:888)(cid:887) (cid:523)(cid:494)clva(cid:495)(cid:524) ceased to apply to the states upon the commencement of s 2 and 3 of the australia acts 1986 and the state. There are usually three elements to any manner and form problem: there are the (cid:494)entrenched provisions(cid:495).
