The 1867 Constitution is still there, as facilitated by Chapters 1 & 2, specifically section 9 of the Constitution of Queensland 2001.
HOWEVER , a very careful reader will find that there is a Second Constitution Embedded within the 2001 Constitution and it Starts at Chapter 3 specifically sections 51 together with 27.
This is the law making power of “the State” which ONLY includes those individuals to the power of those individuals, so given as mentioned at section 51.
Sections 51 & 27 offer a whole new law making power (the power of “the State”) this is a Separate Power from that of section 9 of Chapter 1 which is the law making power of the Legislative Assembly.
HOWEVER through the use of the Seal of “the State” over laws passing through the Legislative Assembly, IF NOT by the use of section 15DA of the Act Interpretation 1954, therefore ALL laws come under the power & authority of Chapters 3 – 10 of the Constitution of Queensland 2001.
Laws that come under the powers of “the State” at section 51 are easy to recognise they are bound by “This Act binds all persons including the State” .
Laws that have not been sealed with the seal of “the State” bind back to the 1867 Constitution and are easy to recognise as they are bound by “This Act binds the Crown in all its capacities” .
There are precious few of these Acts left in Queensland.
the legislature passes a bill under section 9 of the 2001 Constitution ( which represents the old 1867 Constitution),
then the Governor seals it with the seal of “the State” and, in so doing the newly made law passes to Chapter 3 (section 51) of the 2001 Constitution, abrogating the law from the 1867 Constitution therefore the Common law.
It really is so simple in setting up a claytons democracy. The legislative Assembly (s9) honestly think that they made a law to their power and, they have control over that law, however in reality “the State” has kidnapped the law on assent through the seal.
“the State” (s51) = The premier (dictator) + the lackey Ministers (dictatorial assistants).
“the State” can also, and often does, use another method in making laws to the power of section 51 of the Constitution 2001 and that is by using section 15DA of the Acts Interpretation Act 1954 by simple laying an “Undebated or Voted on” “Bill” on the Table of the so called parliament for a period, and once that period has expired the “Bill” simply “Automatically” becomes Law to the power of Chapter 3 of the Constitution of Queensland 2001.
Technically, and perhaps a bit simplistic, Queensland at present has 3 Constitutions
(1) the 1867 Constitution (derogated)
(2) the Constitution of Queensland 2001 Chapters 1 and 2 (useless)
(3) the Constitution of Queensland 2001 Chapters 3 – 10 (power & glory).
Prepared June 2008