'Embarrasing and Even Ridiculous'

This paper examines the brief lifespan (1907–20) of ‘Two Act’ entrenchment, a curious constitutional law idea which emerged in Queensland early 1900s. Its origins lay an argument formulated by Queensland’s then Chief Justice, Pope Cooper, qua defendant criminal proceedings arising from his refusal to pay income tax on judicial salary. That was that Constitution Act 1867 (Qld) form ‘fundamental’ or ‘organic’ could not be altered legislation passed ordinary way, but changed only Two legislative process Legislature 1 expressly empowered itself alter relevant provision and 2, again expressly, enacted alteration. The article considers how it had no textual basis either Imperial colonial legislation, for there supportive authority, precedent practice, repeatedly upheld Supreme Court Australia’s High before being dismissed as wholly without merit Privy Council McCawley v King; terms laid foundation Council’s subsequent approval proposition (in Trethowan Attorney-General New South Wales) State legislatures did indeed possess competence enact judicially enforceable entrenchment devices prevent certain laws through lawmaking process.