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I am interested in "black letter law

Customer Question
Good morning, I...

Good morning, I am interested in "black letter law interpretation".....arising from my (limited and lay) research, I'd like to understand the answer to a question "Can an Act of Parliament override or redefine the Australian Constitution?"

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

The ACT, but I was referring to Acts of the Federal Parliament

Lawyer's Assistant: What steps have you taken so far?

I have retrieved Fact Sheet 187 from the National Archives which"appears" to suggest that the intent and context of s.44 was overwridden by the Nationality and Citizenship Act 1948, later re-titled the Citizenship Act, later still re-titled in 1973 the Australian Citizenship Act.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

Submitted: 2 months ago.Category: Australia Law
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Answered in 1 minute by:
5/30/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,550
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Customer reply replied 2 months ago
OK WAITING FOR YOUR QUESTION(S)
Solicitor: John Melis, Lawyer replied 2 months ago

No act of parliament can override the constitution, unless the constitution is changed by parliament through the vote of the people.

However, keep in mind the constitution is based on interpretation of the generation that is standing.

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Customer reply replied 2 months ago
Thank you, that's what I thought.....bibi
Solicitor: John Melis, Lawyer replied 2 months ago

you are welcome

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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