998 THE FEDERATIONS AND THE UNION [PART TV
issued under which the administration is carried on, and
the High Commissioner legislates bv proclamation.
§ 10. THE AMENDMENT OF THE CONSTITUTION
As is natural in the case of a Constitution which is frankly
not in any real sense federal, the Act does not restrict in any
substantial manner the Parliament’s power to alter the
provisions of the Constitution. Tt is especially laid down in
S. 152 that Parliament may by law repeal or alter any of
the provisions of the Act, provided that no provision thereof
for the operation of which a definite period of time is fixed
shall be repealed or altered before the expiration of such
period, and also provided that no repeal or alteration of the
provisions of the section itself or of ss. 33 and 34 relative to
the numbers of the members of the Legislative Assembly,
prior to the expiration of ten years or until the total number
of members of the Assembly has reached 150, whichever
occurs later, or of the provisions of s. 35 relative to the
qualifications of electors to the House of Assembly, or of
8. 137 as to the use of languages, shall be valid, unless the Bill
containing the alterations is passed at a joint sitting of the
Houses, and at its third reading by not less than two-thirds
of the total number of members of both Houses. The
section is well worded, as it obviates the possible evasion of
its spirit by the alteration of the section itself. For example,
the Queensland Constitution Act of 1867 intended to provide
a safeguard against the alteration of the composition of the
Legislative Council by providing that any Act relative to it
required to be passed by a two-thirds majority, but it omitted
to provide that the clause itself should only be altered by a
two-thirds majority, so that in 1908 the Government had no
difficulty in effecting their purpose by repealing by ordinary
majorities the offending clause! and so dealing with the matter
by ordinary majorities. On the other hand. the nrovisions
" Act No. 2 of 1908. The Act was protested against on this ground in the
Legislative Council. But exactly similar circumstances occurred in 1857
in New South Wales. See Queensland Parliamentary Debates, c. 165 seq.