§ 36 “The Laws of Any State.”

The laws of the States will comprise the following classes:—

  • (i.) Imperial Acts relating to the Constitution and government of the colonies when they become States:
  • (ii.) Imperial Acts relating to matters of ordinary legislation expressly applicable to the colonies when they become States:
  • (iii.) The Common law so far as applicable and not modified by colonial or State legislation:
  • (iv.) Laws of the realm of England made applicable to some colonies by the general terms of the Act of 9 George IV. c. 83, and not since repealed or amended by colonial legislation:
  • (v.) Acts relating to constitutional matters as well as to matters of ordinary legislation passed by the colonial or State legislatures in the exercise of Statutory authority conferred by Imperial law.

All these laws will remain in full force and effect until they become inconsistent with—(1) The Commonwealth of Australia Constitution Act, or (2) some Act amending the Constitution, or (3) laws to be made thereunder by the Parliament of the Commonwealth. By the Constitution of the colonies their legislatures have power to make laws in and for those colonies respectively in all cases whatsoever. When those

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colonies become States their large powers will by degrees be considerably cut down, although they will be compensated for the loss of direct authority by their representation in the Federal Parliament. The jurisdiction of that Parliament will over-lap and in time will considerably contract the realm of State jurisdiction. As the federal legislation within the area of enumerated powers acquires activity and increases in volume, the State laws within that area will be gradually displaced by federal laws, but until they are so displaced through repugnancy they will retain their original vitality and be binding on the people of their respective States.