Reply To: Victorian constitution 1975. Valid or Invalid?

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#2575
Jeff Davidson
Participant

The problem with Rutledge V Victoria and the other half dozen or so unsuccessful challenges to the 1975 Vic constitution is that none of those failed cases raised the issue of there being no record of the original constitution ever being repealed, which means that Vic has two constitutions operating concurrently whereas the commonwealth constitution specifies just ONE for each state. The only valid one would, therefore, be the earliest one, as “first in time, best in law”.