While the Commonwealth Constitution can only be amended by a law approved by the people in a referendum, State Constitutions are different. Most provisions can be amended by ordinary State legislation. But certain types of provisions can be entrenched by the imposition of 'manner and form' constraints, such as those requiring that a bill be passed by a special majority of Members of each House or be approved by a referendum.
This video explains the history of manner and form constraints in Australia, including the application of section 5 of the Colonial Laws Validity Act 1865 and its replacement by section 6 of the Australia Acts 1986. Using examples, it explains the technicalities of manner and form - such as the need to doubly entrench the manner and form provision and the requirement that a future amending law be one respecting the 'constitution, powers or procedure' of the State Parliament. It also addresses the abdication of legislative power. It concludes with some practice problems, to test understanding.
While this video will be of particular use to university students studying manner and form, it will also be of assistance to lawyers and politicians, as well as members of the general public who want to understand how constitutional amendment works at the State level.
