If you can see through the illusion, you are part of the solution
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CHIEF JUSTICE LATHAM. [a] pretended law made in excess of power is not and never has been a law at all. Anybody in the country is entitled to disregard it. Naturally he will feel safer if he has a decision of a court in his favour –– but such a decision is not an element Read More …
Article I, Section 8, Clause 3: [The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . The Supreme Court has interpreted the phrase among the several states to exclude transactions that occur wholly within a state. In Read More …
HC Deb 03 March 1953 vol 512 cc193-257193 §Order for Second Reading read. §3.32 p.m. §The Secretary of State for the Home Department (Sir David Maxwell Fyfe) I beg to move, “That the Bill be now read a Second time.” This Bill is the fourth Measure authorising an alteration of the Royal titles which has Read More …
The Constitution Act Amendment Act of Queensland provides a mechanism to re-establish the Legislative Council of the Queensland Parliament. The creation of a Bill to re-establish the Legislative Assembly must be approved by the electors of Queensland at referendum. CONSTITUTION ACT AMENDMENT ACT 1934 – SECT 3 Parliament not to be altered in Read More …
In 1987 with the enactment of section 13 of the Constitution (Office of Governor) Act, the State of Queensland suspended the operation of the Letters Patent constituting the Office of the Governor of Queensland made by Her Majesty Queen Elizabeth the Second on 14 February 1986. This marked the day the power and authority of the Read More …
Important Extracts from REPORT OF THE ROYAL COMMISSION ON THE CONSTITUTION Alteration of the Constitution. ‘ A distinction is to be drawn for some purposes, including that of alteration, between covering clauses 1-8, under which the Commonwealth was established and effect given, to the Constitution, and covering clause 9, which embodies in the Act the provisions of the Constitution. The Read More …
The void ab initio doctrine has its foundation in the case of Marbury v Madison (1803). Chief Justice Marshall wrote that: [A] legislative act contrary to the Constitution is not law; […] an act of the Legislature repugnant to the Constitution is void. […] If two laws conflict with each other, the Courts must decide on the operation Read More …
Precedent and res judicata: Tribunals are bound by case law handed down by the courts. No formal doctrine of precedent applies to decisions of tribunals, however, previous tribunal decisions may be persuasive. There is conflicting judicial and tribunal authority as to whether res judicata (cause of action estoppel) and issue estoppel apply to a decision of a tribunal. Read More …
