If a new law conflicts with the Australian Constitution, what happens?

If a new law conflicts with the Australian Constitution, what happens?

• A. The law remains valid and overrides the Constitution.
• B. The Parliament can override the Constitution with a simple majority.
• C. The law is invalid; the Constitution is the supreme law.
• D. The judiciary cannot intervene.

Answer: (C)

Constitutional supremacy means the Constitution is the highest law in Australia. Any new law must fit within its limits, so if a law conflicts with the Constitution, it cannot stand to the extent of that conflict. The courts, especially the High Court, can review legislation and strike down the parts that clash with the Constitution. That’s why the law is invalid where it conflicts with the Constitution. The only way to change the Constitution is through a referendum, not by Parliament’s ordinary majority, so Parliament cannot override the Constitution with a simple majority.

Constitutional supremacy means the Constitution is the highest law in Australia. Any new law must fit within its limits, so if a law conflicts with the Constitution, it cannot stand to the extent of that conflict. The courts, especially the High Court, can review legislation and strike down the parts that clash with the Constitution. That’s why the law is invalid where it conflicts with the Constitution. The only way to change the Constitution is through a referendum, not by Parliament’s ordinary majority, so Parliament cannot override the Constitution with a simple majority.