Entrenched Clause - Australia

Australia

As Australian Parliaments have inherited the British principle of parliamentary sovereignty, they may not entrench themselves by a regular act. Therefore, the entrenchment of the national flag in the Flags Act 1953 is without force as the entrenchment clause could be removed (through normal legislative amendment) by later parliaments.

The Commonwealth (i.e. federal) Constitution is entrenched by virtue of being an act of Imperial Parliament which the Commonwealth Parliament only has the power to amend according to its terms. These are specified in section 128. The Imperial Parliament's power to amend it in Australian law has been revoked by the Statute of Westminster Adoption Act 1942 and the Australia Act 1986.

State laws respecting the constitution, powers or procedure of the parliament of a state need to follow any restrictions specified in state law on such acts, by virtue of section 6 of the Australia Act. This power does not extend to the whole constitution of the state, and the Parliament of Queensland has ignored entrenchments in amending its constitution. Consequently, it is possible that the entrenchment clauses are unentrenchable, preventing state law from having effectively entrenching clauses.

Read more about this topic:  Entrenched Clause

Famous quotes containing the word australia:

    I like Australia less and less. The hateful newness, the democratic conceit, every man a little pope of perfection.
    —D.H. (David Herbert)

    It is very considerably smaller than Australia and British Somaliland put together. As things stand at present there is nothing much the Texans can do about this, and ... they are inclined to shy away from the subject in ordinary conversation, muttering defensively about the size of oranges.
    Alex Atkinson, British humor writer. repr. In Present Laughter, ed. Alan Coren (1982)