McCawley v The King [1920] UKPCHCA 1

McCawley v The King [1920] UKPCHCA 1

The Constitution Act of 1867 (Qld) did not possess special constitutional quality to prevent its amendment by ordinary legislative processes. Therefore, section 6 of the Industrial Arbitration Act 1916 was not ultra vires. The section authorized the appointment of a judge for seven years (or an extended period) during good behaviour, so long as the appointee remained President or Judge of the Court of Industrial Arbitration. The commission must be read in light of the authorizing statute, and the appointment was valid.

Parties
Appellant: Thomas William McCawley; Respondents: The King and Others; Intervener: His Majesty's Attorney-General for England
Jurisdiction
Australia
Judgment Date
08 March 1920
Procedural Posture
Appeal / On Appeal From the High Court
Outcome
appeal allowed
Legal Topics
Amendment of Constitution, Judicial Appointment, Tenure of Judicial Office, Legislative Power, Conflict of Laws
Constitutional Law Amendment of Constitution Judicial Appointment Tenure of Judicial Office Legislative Power Conflict of Laws

Case Brief

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Parties

Thomas William McCawley

Appellant

The King and Others

Respondents

His Majesty's Attorney-General for England

Intervener

Procedural Posture

Appeal / On Appeal From the High Court

Legal Issues

  1. 1 Whether the Constitution Act of 1867 (Qd.) can be amended by ordinary statute
  2. 2 Whether section 6 of the Industrial Arbitration Act 1916 (Qd.) is ultra vires
  3. 3 What tenure was conferred by the commission of appointment

Ratio Decidendi

The Constitution Act of 1867 (Qld) did not possess special constitutional quality to prevent its amendment by ordinary legislative processes. Therefore, section 6 of the Industrial Arbitration Act 1916 was not ultra vires. The section authorized the appointment of a judge for seven years (or an extended period) during good behaviour, so long as the appointee remained President or Judge of the Court of Industrial Arbitration. The commission must be read in light of the authorizing statute, and the appointment was valid.

Court Disposition

appeal allowed

Orders

  • Judgments of the High Court of Australia and Supreme Court of Queensland set aside
  • Demurrer allowed