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Attorney-General (NSW) v Trethowan [1932] A.C. 526

By Oxbridge Law TeamUpdated 04/01/2024 07:14

Judgement for the case Attorney-General (NSW) v Trethowan

Table Of Contents

Privy Council Case

  • An amendment to the Constitution Act 1907 was passed to require a referendum before the Legislative Council could be scrapped, and that this provision cold only be removed by referendum.

  • A new govt took office and passed bills to abolish the need for referendum and to abolish the Legislative Council.

    • An injunction was granted to prevent the governor-general from giving his signature to the bills before a referendum was held.

  • The Privy Council upheld this injunction, since parliament was free to bind itself and therefore the conditions governing the initial law were valid. 

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