Australia -- Politics and government; Great Britain -- Colonies -- Australia
The Parliament of the Commonwealth may establish a Supreme Court of
Australia, consisting of a Chief Justice and not less than four other
Justices, who shall be appointed by the Governor-General in Council,
and shall be irremovable except upon an address from both Houses of
Parliament. The Supreme Court shall be a final Court of Appeal from
any other Federal Court, which may be established by Parliament, and
from the highest Court of final resort in any State; and may be
invested by Parliament with final and conclusive jurisdiction in all
cases upon which an appeal has hitherto been allowed to the Queen in
Council, subject to the right of the Queen to grant an appeal to
herself in Council against the judgment of the Supreme Court in any
case which concerns the public interests of the Commonwealth, or of any
State, or of any other part of the British Empire. The Parliament may
also confer upon the Federal Courts, other than the Supreme Court,
jurisdiction to deal, either exclusively or concurrently with the
Courts of the States, with cases arising under the Constitution or
under any law made by the Parliament of the Commonwealth or affecting
the Representatives of Foreign Powers, and with certain other matters
including cases in which the Commonwealth is a party, or in which a
Writ of Mandamus or Prohibition is sought against an officer of the
Commonwealth.
As the powers of the State are to be substantially those which they
possess at present with the {226} exception of such as are transferred
to the Federal Legislature and Executive, it is only necessary to add
that the Governors of the States are to be appointed in the manner
which their Parliament may prescribe, but are to correspond with the
Imperial Authorities through the Governor-General: that States are not
to be subdivided nor deprived of any of their territories without the
consent of their Parliaments; and that they are forbidden explicitly to
raise or maintain any military or naval force, to coin money, or make
anything but gold and silver legal tender in payment of debts, to make
any law prohibiting the free exercise of any religion, or to make or
enforce any law abridging any privilege or immunity of citizens of
other States of the Commonwealth, or to deny to any person within their
jurisdiction the equal protection of the laws.
Finally, it is provided that any of the existing Provinces that have
not adopted the Constitution may, upon doing so, be admitted to the
Commonwealth, and that any law for the alteration of the Constitution
is not to be submitted to the Governor-General for the Royal Assent
until it has been passed by an absolute majority of both Houses of
Parliament, and has been approved by conventions of a majority of the
States representing a majority of the people of the Commonwealth.
Public-domain text, read in full here on John Shaqi.
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