(13) He devoted particular attention to AG for New South Wales v Trethowan  AC 526 ('Trethowan's Case') in which the Judicial Committee of the Privy Council had held that section 5 of the Colonial Laws Validity Act 1865, prevented the New South Wales legislature from repealing a statute which according to its own terms, was unrepealable
except with the concurrence of a referendum.
Sovereignty is generally conceived of as being unrepealable
, incontestable, and indivisible.
Of course, one way of entrenching a climate change statute would be to make it formally unrepealable
. Lazarus considers this option, but ultimately rejects it, in part because legislative entrenchment is of dubious constitutionality and would become a source of controversy, and in part because an absolute ban on amendment would be too extreme.
Its avatars crammed the last missing piece of an all-encompassing transfer state (the Affordable Care Act) through Congress on the cynical theory that a gusher of subsidies would render an unpopular law unrepealable
. For everything else on the liberal to-do list, there's debt financing (think entitlement programs) and bureaucratic maneuvering in lieu of legislation (think climate change).
This agency is immune from control by Congress, the president, and the courts--and the law creating it absurdly claims that it is unrepealable
. Worse, the Board has power to do whatever it considers to be "related" to Medicare expenditures.
As Francis Bacon observed in 1620, "[a]cts which are in their natures revocable cannot by strength of words be fixed or perpetuated...." (218) An attempt to make an unrepealable
law would be "void ab initio & ipso facto without repeale," simply "by the impertinency of it." (219) Bacon, one of the great epistemologists in history, (220) understood that this restriction was not imposed by any specific determination of the legislature itself, let alone by any explicit constitutional requirement, (221) but by the logic of lawfulness itself.
reason, legislatures are not allowed to pass unrepealable
The difficulty with this argument is that it assumes that section 8(a)(I) is somehow "unrepealable
." Obviously it is not.
Also, remember that a full-evening work virtually demands a narrative (for George Balanchine's plotless triad Jewels is surely as unrepealable
as it is priceless), and who does scenarios these days?
The Ryersonians made sure, for example, that despite the Scott Act and Article 93 of the British North America which made it legislatively unrepealable
, non-denominational school boards (i.e.