Attorney-General (NSW) v Trethowan [1932] A.C. 526

Privy Council Case

• An amendment to the Constitution Act 1907 was passed to require a referendum before the Legislative Council could be scrapped, and that this provision cold only be removed by referendum.

• A new govt took office and passed bills to abolish the need for referendum and to abolish the Legislative Council.

  • An injunction was granted to prevent the governor-general from giving his signature to the bills before a referendum was held.

• The Privy Council upheld this injunction, since parliament was free to bind itself and therefore the conditions governing the initial law were valid.