ABSTRACT
Section 106 of the Commonwealth Constitution states that, on formation of the federation, the colonies (now States) will continue in existence under their existing Constitutions (which had been conferred upon them by Acts of the UK Parliament), subject to the Commonwealth Constitution. The ‘subject to’ clause suggests that amendments to the Commonwealth Constitution which had the effect of altering State Constitutions to the detriment of the States would be effective, but, of course, the requirements of majorities within States prescribed by s 128 makes such an eventuality a virtual impossibility.
The Constitutions of the States all operate under a similar framework. They have the following major features: • The Constitution Act of each of the States is flexible – virtually all
