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Queensland v. The Commonwealth
Australia High Court
[1977] HCA 60; (1977) 139 CLR 585 (1977)
- Written by Salina Kennedy, JD
Facts
Australia’s Parliament enacted legislation providing for the election of territory representatives to the Australian Senate. The State of Queensland (Queensland) (plaintiff) challenged the constitutionality of the law, and the High Court of Australia rejected Queensland’s challenge by a one-judge majority. After the court’s decision, elections for territory senators were held. One of the judges who had been in the majority subsequently retired and was replaced by a new judge whose views were believed to be favorable toward Queensland’s position. Queensland again challenged the law on almost identical grounds.
Rule of Law
Issue
Holding and Reasoning (Gibbs, J.)
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