Bowyer v de Jersey [2017] QSC 340

Bowyer v de Jersey [2017] QSC 340

The appellant warned that a fraud will take place upon the people of Queensland when the Queensland Government makes the application to the Governor to have the writs for the election approved and signed. He contended that the Legislative Council was abolished unlawfully because the 1921 State Parliament did not have the powers to bypass triple-entrenched provisions to amend the Constitution Act 1867 (Qld) that made changes to the composition of the legislature. A judicial declaration of opinion was sought, on whether the Legislative Council was lawfully abolished and following, by logic, the conformity of the executive to the fundamental laws of the Constitution. The court held that the decisions in Taylor v Attorney-General (Qld) [1917] 23 CLR 457, Taylor v Attorney-General (Qld) [1918] St R Qd 194 (Privy Council) and also McCawley v The King [1920] AC 691; 28 CLR 106 (Privy Council) speak for themselves and the court is bound by those decisions.

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