The Board was asked whether a Queensland statute authorising the Governor in Council to appoint a judge of the Court of Industrial Arbitration to hold office for seven years, was in fatal conflict with a provision of the 1859 Order in Council and a section of the Constitution Act 1867.
Held: It was not, since the legislature of Queensland had power to enact the Queensland statute both under s.5 of the 1865 Act and under clause 22 of the Order in Council. Lord Birkenhead compared and contrasted controlled and uncontrolled constitutions: ‘ . . a constitution [is not] debarred from being reckoned as an uncontrolled constitution because it is not, like the British constitution, constituted by historic development, but finds its genesis in an originating document which may contain some conditions which cannot be altered except by the power which gave it birth. It is of the greatest importance to notice that where the constitution is uncontrolled the consequences of its freedom admit of no qualification whatever.’
Judges: Lord Birkenhead
Statutes: Colonial Laws Validity Act 1865 5
References:  AC 691,
- Regina on the Application of Jackson and others -v- HM Attorney General, CA, Cited, (Bailii,  EWCA Civ 126, Times 17-Feb-05)
- Jackson and Others, Regina (on the Application Of) -v- Her Majesty's Attorney General, Admn, Cited, (Bailii,  EWHC 94 (Admin), Times 31-Jan-05)
- Jackson and others -v- Attorney General, HL, Cited, (House of Lords,  UKHL 56, Times 14-Oct-05, Bailii,  1 AC 262,  2 WLR 87)