Manner and form provisions in the Western Australian constitution: their judicial interpretation

Peter Johnston

    Research output: ThesisDoctoral Thesis

    Abstract

    This thesis examines a special area of Western Australian constitutional law: the limitation, due to 'manner and form' provisions in the State's Constitution, on the power of the State Parliament to change that Constitution. Manner and form provisions require certain constitutional changes, such as alterations to the Houses of Parliament, to be enacted in a special way. By requiring that amendment of key constitutional elements can only occur through a more difficult procedure than ordinary legislation, they introduce a measure of rigidity to the State Constitution. In other Australian States manner and form provisions have rarely come before the courts. In Western Australia, however, they have assumed much greater significance. Over the last three decades, manner and form provisions have become an important incubus of Western Australian constitutional litigation. While somewhat esoteric, manner and form problems illuminate some of the most profound jurisprudential issues concerning the federal relationship between State and Commonwealth Constitutions. The provisions are analysed from the perspective of their judicial interpretation, particularly by the High Court.
    LanguageEnglish
    QualificationDoctorate
    StateUnpublished - 2005

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    constitution
    interpretation
    parliament
    constitutional law
    rigidity
    amendment
    legislation

    Cite this

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    abstract = "This thesis examines a special area of Western Australian constitutional law: the limitation, due to 'manner and form' provisions in the State's Constitution, on the power of the State Parliament to change that Constitution. Manner and form provisions require certain constitutional changes, such as alterations to the Houses of Parliament, to be enacted in a special way. By requiring that amendment of key constitutional elements can only occur through a more difficult procedure than ordinary legislation, they introduce a measure of rigidity to the State Constitution. In other Australian States manner and form provisions have rarely come before the courts. In Western Australia, however, they have assumed much greater significance. Over the last three decades, manner and form provisions have become an important incubus of Western Australian constitutional litigation. While somewhat esoteric, manner and form problems illuminate some of the most profound jurisprudential issues concerning the federal relationship between State and Commonwealth Constitutions. The provisions are analysed from the perspective of their judicial interpretation, particularly by the High Court.",
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    Manner and form provisions in the Western Australian constitution: their judicial interpretation. / Johnston, Peter.

    2005.

    Research output: ThesisDoctoral Thesis

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    AB - This thesis examines a special area of Western Australian constitutional law: the limitation, due to 'manner and form' provisions in the State's Constitution, on the power of the State Parliament to change that Constitution. Manner and form provisions require certain constitutional changes, such as alterations to the Houses of Parliament, to be enacted in a special way. By requiring that amendment of key constitutional elements can only occur through a more difficult procedure than ordinary legislation, they introduce a measure of rigidity to the State Constitution. In other Australian States manner and form provisions have rarely come before the courts. In Western Australia, however, they have assumed much greater significance. Over the last three decades, manner and form provisions have become an important incubus of Western Australian constitutional litigation. While somewhat esoteric, manner and form problems illuminate some of the most profound jurisprudential issues concerning the federal relationship between State and Commonwealth Constitutions. The provisions are analysed from the perspective of their judicial interpretation, particularly by the High Court.

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