Keeping the Queen in Queensland – How Effective is the Entrenchment of the Queen and Governor in the Queensland Constitution?

University of Queensland Law Journal, Vol. 28, No. 1, pp. 81-100, 2009

Sydney Law School Research Paper No. 10/28

20 Pages Posted: 3 Mar 2010  

Anne Twomey

The University of Sydney Law School

Date Written: February 25, 2010

Abstract

In 1977 the Queensland Parliament purported to entrench in the Queensland Constitution the role of the Queen in Parliament, the appointment of the Governor, the requirement that the Governor conform to royal instructions and the vice-regal powers concerning royal assent and the reservation of Bills. Less than ten years later, these provisions had to be altered by the Australia Acts 1986 to be consistent with the severance of residual constitutional links with the United Kingdom. Although the Queensland Constitution was thoroughly revised and replaced by the Constitution of Queensland 2001, the rump of those 1977 provisions remains. On their face, they are entrenched and cannot be repealed without meeting the manner and form requirement of a referendum, although this remains the subject of dispute. This article draws on original government documents to address the legal, political and psychological reasons for the enactment of these provisions, their validity, the effectiveness of their entrenchment and their unintended consequences. It concludes by considering to what extent is the Queensland Government bound by them today.

Keywords: Queensland Constitution, Queen, Governor, divisibility of Crown, manner and form, constitutional entrenchment, repugnancy, royal assent, counsellors of state

JEL Classification: K10, K30

Suggested Citation

Twomey, Anne, Keeping the Queen in Queensland – How Effective is the Entrenchment of the Queen and Governor in the Queensland Constitution? (February 25, 2010). University of Queensland Law Journal, Vol. 28, No. 1, pp. 81-100, 2009; Sydney Law School Research Paper No. 10/28. Available at SSRN: https://ssrn.com/abstract=1559523

Anne Twomey (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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