436 PARLIAMENTS OF THE DOMINIONS [PART 111 
in Parliament in 1908, and it is obvious that the restrictions 
are hardly such as can usefully be retained. 
The question has also been discussed whether the Parlia~ 
ment of Tasmania has power to alter the constitution of the 
state by establishing one House instead of the two Houses 
of the Legislature—a proposal to that effect having been 
under consideration in 1902. The answer would not appear 
to be doubtful. The Colonial Laws Validity Act, 1865, would 
seem to be sufficient authority for any such change if it were 
considered desirable to make it, as its provisions are general 
and there is no ground on which their effect can be limited, 
§3. THE ALTERATION OF THE CONSTITUTION OF NEW 
ZEALAND 
In the case of New Zealand some doubt exists as to 
the exact extent of the power of constitutional alteration. 
The constitution of 18522 gave certain definite powers to 
the Parliament, but did not specially provide as to the 
alteration of the constitution. It was, however, provided 
by a later Act of 18573 that the General Assembly might by 
any Act or Acts from time to time alter, suspend, or repeal 
all or any of the provisions of the Act of 1852, except those 
specified in the Act of 1857, which included those as to the 
establishment of provincial councils, which became inopera-~ 
tive when the provinces were abolished in 1876,% and which 
have been since formally repealed; the provision in s. 32 
as to the establishment of a General Assembly, the provision 
in s. 44 as to the time and place of holding the Assembly, 
and the prorogation and dissolution of the Assembly; the 
provision in s. 46 as to the taking of the oath of allegiance by 
members of the Legislative Council or House of Representa- 
* It is doubtful how far a court can question the validity of an Act on 
the ground of its not having been passed by the requisite majorities; the 
difficulty of obtaining evidence would probably be insuperable; cf. 28 & 
29 Vict. c. 63, 8. 6; Bickford, Smith & Co. v. Musgrove, 17 V. L. R. 296; 
Harrison Moore, Commonwealth of Australia®, pp. 244 seq. 
' 15 & 16 Viet. c. 72. ? 20 & 21 Viet. c. 53. 
* New Zealand Parl. Pap., 1876, A. 24. The power to abolish was given 
yy 31 & 32 Vict. c. 92.