chimera wrote on May 27
th, 2025 at 1:08am:
Brian Ross wrote on May 26
th, 2025 at 10:48pm:
the Australia Act of 1986 ended the right of Appeal
States can't appeal to Privy Council but Commonwealth can.
s 74. 'Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council'.
'Section 74 of the Constitution has not been amended, and the Constitution cannot be amended by legislation alone'.
So the Australia Act, which is subject to the constitution, can be repealed and s 74 will then continue in force. An appeal was able to be active after 1986 if already approved. Australia is on record as having the UK Council written into Commonwealth structure, the one detail which is British.
Not quite. Section 74 was abrogated by the UK's passing it's own version of the Australia Act in 1986, which in turn prevented any Australian appealing to the UK Privy Council. Therefore, the process was closed at both ends. So, there was to be no appeals allowed to the UK Privy Council.
As Wikipedia points out:
Quote:Section 74 of the Constitution has not been amended, and the Constitution cannot be amended by legislation alone.[n 6] Nonetheless, s 11 of the Australia Act goes as far as legislatively possible, to make s 74 a dead letter. Thus, for practical purposes, the Australia Act has eliminated the remaining methods of appeal to the Privy Council.[n 7]
SourceTsk, tsk, tsk...