CHAP. 1v] ALTERATION OF THE CONSTITUTION 427
could be amended in any way by a subsequent Act, although
that Act did not purport to be an amendment of the consti-
tution, so that if the Legislature thought fit by statute to
alter the term of office of existing judges or to reduce their
salaries they could do so without first amending the consti-
tution. The High Court decided against the claim of Sir
Pope Cooper. They held that the Act of 1867 declared the
constitution of Queensland, and that, though that Act could
be amended by legislation as provided for in the Act itself,
hevertheless the constitution must be amended before it
was’ possible for the provisions as to the tenure of office
of judges to be altered. But they held that as a matter of
fact the levying of income tax on judicial salaries was not
really inconsistent with the constitution. Barton J. ex-
pressly held that attempted legislation which was merely
at variance with the Charter of Constitution could not be
held to be an effective law, on the grounds that the authority
conferred by that instrument excluded the power to alter
or repeal any part of it, unless the legislation Had been
preceded by a valid exercise of the power of alteration of the
constitution. An implied repeal was not within the power
to alter or repeal, and was not valid, because it was not an
exercise of legislative power.
He also agreed, however, that the levying of income tax
Was not contrary to the constitutional provisions as to the
salary of judges, and he pointed out that under the Imperial
Acts of 1700 and 1760, which were the basis of the pro-
visions in ss. 15 to 17 in the Queensland Constitution Act of
1867, those provisions could not be held to be inconsistent
with the levying of income tax on the salaries of judges.
The other justices all concurred in the views expressed by
the Chief Justice and Barton .T.
§ 2. THE RESTRICTIONS ON ALTERATION IN AUSTRALIA
In the case of the Australian Colonies, now States, the
limitations on constitutional alteration were confusing, and
nearly unintelligible. The following seems to have been
