What is validity of law? Definition s128 provides that constitution shall not be altered except in – ‘this the following manner.’ The source of power to entrench State laws used to Source of Power – s5 of the but it is now s6 of the Colonial Laws Validty Act 1865 – 1986 (Cth) and (UK) Australia Acts What does it provide? It provides that a law made after the commencement of the by Parliament of a State respecting Australia Acts the constitution, powers or procedure of the Parliament of the State shall be of no force or effect unless it is made in such a manner and form as may from time to time be required by a law made by that Parliament. Difference between s128 and s6 Australia Act? S128 is directed at the the validity of proposed laws – legislative power to actually enact the law. S6 not directed at the validity of proposed laws – – rather to the and effect that laws are made by State Parliament. How are State constitutions different from the Commonwealth Constitution? State Constitutions are flexible, and thus are not presumed to pose Flexible – constraints on State legislative power Per Taylor, McCawley State parliaments have plenary power (Union Plenary Steamship) – State legislative power has certain restrictions imposed by the Restrictions – Commonwealth S52, s90 and s109 What is the Standard Procedure for pass of laws through Parliament? What are the respective powers in Victoria and the Commonwealth? Victoria – Victoria Constitution s15
What is validity of law? Definition – s128 provides that ‘this constitution shall not be altered except in the following manner.’ Source of Power – The source of power to entrench State laws used to s5 of the Colonial Laws Validty Act 1865 – but it is now s6 of the Australia Acts 1986 (Cth) and (UK) What does it provide? It provides that a law made after the commencement of the Australia Acts by Parliament of a State respecting the constitution, powers or procedure of the Parliament of the State shall be of no force or effect unless it is made in such a manner and form as may from time to time be required by a law made by that Parliament. Difference between s128 and s6 Australia Act? S128 is directed at the validity of proposed laws – the legislative power to actually enact the law. S6 – not directed at the validity of proposed laws – rather to the and effect that laws are made by State Parliament. How are State constitutions different from the Commonwealth Constitution? Flexible – State Constitutions are flexible, and thus are not presumed to pose constraints on State legislative power Per Taylor, McCawley Plenary – State parliaments have plenary power (Union Steamship) Restrictions – State legislative power has certain restrictions imposed by the Commonwealth S52, s90 and s109 What is the Standard Procedure for pass of laws through Parliament? What are the respective powers in Victoria and the Commonwealth? Victoria – Victoria Constitution s15
Constitutional_Notes.docx