Constituent power of the Queensland Parliament

Ratnapala, Suri (2010). Constituent power of the Queensland Parliament. In Michael White and Aladin Rahemtula (Ed.), Queensland's Constitution: Past, present and future (pp. 149-174) Brisbane, Queensland: Supreme Court of Queensland Library.

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Name Description MIMEType Size Downloads
Author Ratnapala, Suri
Title of chapter Constituent power of the Queensland Parliament
Title of book Queensland's Constitution: Past, present and future
Place of Publication Brisbane, Queensland
Publisher Supreme Court of Queensland Library
Publication Year 2010
Sub-type Research book chapter (original research)
Open Access Status
ISBN 9780980322088
Editor Michael White
Aladin Rahemtula
Chapter number 7
Start page 149
End page 174
Total pages 26
Total chapters 11
Collection year 2011
Language eng
Subjects 180108 Constitutional Law
Abstract/Summary The paper examines the history of the Queensland's parliament's constituent power as well as its present scope. It maps the evolution of the Queensland Constitution from its inception as an 'uncontrolled' constitution to the transformations effected by the colonial Laws Validity Act 1865 (CLVA), the Commonwealth Constitution and the Australia Acts 1986. The manner and form limitations in the CLVA ore examined followed by a discussion of the limits on state legislative power and the integration of Queensland courts into the federal judicial structure under the Commonwealth Constitution. The paper then focuses on the profound constitutional changes wrought by the Australia Acts 1986. It examines the implications of the House of Lords decision in the Fox Hunting Case with particular attention to the court's apparent endorsement of the 'reconstitution theory' first proposed in Attorney General(NSW) v Trethowan. The paper ends by addressing the vital question whether the Queensland parliament can alter the fundamental character of the State Constitution as a system of representative and responsible government. It concludes that fundamental constitutional change cannot be made without the consent of the people.
Keyword Queensland - politics and government
Queensland parliament
Q-Index Code B1
Q-Index Status Confirmed Code
Institutional Status UQ
Additional Notes Description: 387 p. : ill. ; 23 cm. Being the papers presented to the Ql50 Constitutional Conference 2009 held to mark the 150th Anniversary of establishment of the Colony of Queensland on Friday 29 May 2009 at the Queensland Parliament House, Brisbane.

Document type: Book Chapter
Collections: Official 2011 Collection
TC Beirne School of Law Publications
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Created: Mon, 27 Sep 2010, 15:57:18 EST by Jane Malady on behalf of T.C. Beirne School of Law