Constitutional Law: Model for Institutional Reform in Kingdom of Shangri-La

This article discusses the application of the Australian Constitution in the Kingdom of Shangri-La for fair and equal governance. It explores the model for institutional reform, including separation of powers, federal system, and representative democracy. The advantages and disadvantages of the proposed model are also analyzed.

Constitutional law

Table of Contents
Introduction................................................................................................................................3
Summary of the findings............................................................................................................3
History and culture.....................................................................................................................4
Separation of powers..................................................................................................................4
Federal system............................................................................................................................6
Representative democracy and responsible government...........................................................7
Conclusion..................................................................................................................................7
References..................................................................................................................................8

Introduction
The model relating to the institutional reform with regard to the administration of the
Kingdom of Shangri-La would be based on the democratization to a further extent as far as
the application of the aspect pertinent to the Constitution of Australia is concerned. It would
help in the carrying out of affairs on a daily basis for the Kingdom of Shangri-La in a fair and
equal manner without any kind of major discrimination or exploitation of resources by the
company which has been permitted to carry out business activities by Rani Plantagenet
(Barendt, 2017).
Summary of the findings
The facts of the case imply that the status in relation to the community of Shong is
similar to that of the indigenous people in Australia; the application of the proposed model
would help in the wider participation of the community of Shong in the mainstream society
of the Kingdom of Shangri-La. Referendums with regard to the amendments of the
Constitution of Australia have played in important role in the recognition of the rights of the
indigenous people as far as their participation and representation in the mainstream society is
concerned (Michaels, 2015). As a result, it is imperative that the implementation of the
proposed model would help in the guaranteeing of the rights of the Shong as far as their
representation in a fair and equal manner is concerned with regard to the modus operandi of
the Kingdom of Shangri-La in an effective and efficient manner without any kind of major
political instability. It would help in the securing of the rights of the community of Shong
thereby ensuring that they are not subject to derogatory treatment in the future.
In the case of Mabo v Queensland (No.1), it was prayed by the plaintiffs that the
Queensland Coast Islands Declaratory Act of 1985 which implied the abolition of the native
tiltes pertaining to land rights is to be declared invalid as it is in contrary to the Racial
Discrimination Act of 1975. In this case, it was held by the High Court of Australia that the
Queensland Coast Islands Declaratory Act of 1985 as not valid as it is in gross contravention
of the Racial Discrimination Act of 1975 taking account of Section 109 of the Constitution of
Australia which implies supremacy of the federal parliament.
In the case of Mabo v Queensland (No.2), it was prayed by the plaintiffs that the
ownership, possession and occupancy of the land must be guaranteed as they are the

inhabitants of such lands since tomes immemorial. In this case, it was held by the High Court
of Australia that the doctrine of terra nullius implying the laws of England and Wales cannot
be applied in the aspects where the original inhabitants are already present. The High Court
of Australia as a result set aside the decision made by the Supreme Court of Northern
Territory in the case of Milirpum v Nabalco Pty Ltd.
In the case of Commonwealth v Yarmirr, an appeal was filed with regard to the title rights of
the Aboriginals towards seas, sub-soils and sea-beds with regard to the territorial jurisdiction
as defined by the provisions enshrined and envisaged in the Native Title Act of 1993. In this
case, it was held by the High Court of Australia that the Aboriginals have non-exclusive title
rights towards seas, sub-soils and sea-beds provided that they use such are for travelling
within the claimed area, to fish and hunt for their living and to protect their aspects which
have spiritual importance attached.
In the case of Koowarta v Bjelke-Petersen, the Government of Queensland filed an appeal
against the decision made by the Human Rights and Equal Opportunity Commission in
accordance with the complaint filed by the plaintiff John Koowarta. Additionally, the
Government of Queensland also claimed that the Government of Australia had no powers to
pass the Racial Discrimination Act of 1975. In this case, it was held by the High Court of
Australia that the Racial Discrimination Act of 1975 was valid as far as being a federal
legislation is concerned.
History and culture
The disadvantages may imply the failure of the newly drafted constitution to address
the needs and issues of the people belonging to the community of Shong. Such a
disadvantage has been observed and deduced taking account of the failure of the Constitution
of Australia to protect the interests of certain indigenous groups as a result of Section 25 of
the Constitution of Australia which requires a referendum to be held accordingly. It may also
involve conflicts of interests of various groups along with the monarchy as it would have
truncated powers as a result of the application of the newly drafted constitution.

Separation of powers
The Constitution of Australia implies that the three branches of the Government of
Australia are independent of each other as far as the exercising of the powers is concerned.
Such an aspect is implied by the first three chapters of the Constitution of Australia. The
three branches of the Government of Australia include the Parliament, the Executive and the
Judicature whose aspects and functionalities are stipulated by Chapter 1, Chapter 2 and
Chapter 3 of the Constitution of Australia respectively (Rosenbloom, 2016). If such a model
is applied with reference to the Kingdom of Shangri-La, the power of the Commonwealth
would come into play as far as the modus operandi of the Parliament, the Executive and the
Judicature is concerned. Such powers are to be vested upon the people or the authorities in
question. Section 64 of the Constitution of Australia implies the concept relating to
responsible government as far as governance in a proper and appropriate manner is
concerned. Such an aspect would also be applicable when the newly drafted constitution for
the Kingdom of Shangri-La comes into force as far as the powers of the executive and the
parliament are concerned which are to be exercised in an effective and efficient manner.
In the case of Austin v Commonwealth, Austin was judge appointed at the Supreme
Court of New South Wales who brought a challenge against a Commonwealth law which
implied surcharge over judges with reference to superannuation contributions. In this case, it
was held by the High Court of Australia that the provisions of the Commonwealth cannot
lead to the curtailment and culmination of the essential functions of the state (Douglas,
Atkins & Clift, 2015). The decision made High Court of Australia in the case of Melbourne
Corporation v Commonwealth was taken into account with regard to the features of the
Constitution of Australia at the federal level as far as Chapter 3 of the Constitution of
Australia is concerned.
In the case of Victorian Stevedoring and General Contracting Company Pty Ltd v
Dignan, it was held by the High Court of Australia that there cannot be an application of the
concept of the proper separation of powers amongst the legislative and executive branches
taking account of the tradition of the United Kingdom. It was further observed and concluded
by the High Court of Australia that the aspect related to delegated legislation is valid as far as
the Constitution of Australia is concerned.
In the case of Kable v Director of Public Prosecutions for New South Wales, the
Parliament of New South Wales passed the Community Protection Act of 1994. Such kind of

legislation implied that the Supreme Court of New South Wales is at the discretion to pass an
order implying that a person who is in opinion of the court a threat to society could be
detained. In this case, it was held by the High Court of Australia that the Community
Protection Act of 1994 was in gross violation of Chapter 3 of the Constitution of Australia as
far as independence of judiciary is concerned.
In the case of New South Wales v Commonwealth, it was argued by New South
Wales that the Inter-State Commission Act of 1912 was in gross violation of the aspect
related to separation of powers as far as the Constitution of Australia is concerned. In this
case, it was held by the High Court of Australia that the Inter-State Commission constituted
under the Inter-State Commission Act of 1912 was not under the discretion of exercising
judicial power as far as Chapter 3 of the Constitution of Australia is concerned.
Federal system
It is imperative that a model similar to the aspect of the Federal government of
Australia in accordance with the Constitution of Australia would help in the elimination of
the under-representation of the Shong’s as far as guaranteeing them equal rights and releasing
them form prisons is concerned. Such kind of a model would also imply the proper and
appropriate utilization of resources as far as the exporting of cotton and white coffee is
concerned as far as the policies made by the regional parliaments. However, in case of the
aspect related to overlap between the policies of the federal and the regional parliaments, the
power of the federal parliament shall be prioritized as far as the addressing of such kinds of
dichotomous aspects are concerned (Shackleton, 2017). Such an aspect is also applicable for
the policies formulated and implemented with regard to the welfare of the communities in the
form of Cantons as implied from the facts of the case which would eventually help in the
upliftment of the status pertaining to the Shong. It implies that the policies formulated by the
National Assembly of the Kingdom of Shangri-La would be preferred over the regional
parliaments as per the proposed model. The model as purported would also lead to the
welfare of immigrants as far as the prevention of racial discrimination is concerned due to the
huge influx of immigrants in the recent past in the Kingdom of Shangri-La given the fact that
there has been a huge upsurge in the overall economy of the Kingdom of Shangri-La
(Loveland, 2018). As Rani Plantagenet wishes to abdicate her throne after the application of
the proposed model and her son Bish would take over as the new monarch with limited
powers on the execution of such a written constitution, the Chief Minister of the Kingdom of

Shangri-La has to be consulted prior to the assenting upon the legislation by the monarch of
the Kingdom of Shangri-La.
Representative democracy and responsible government
It is hereby suggested that the institutional reform with regard to the model based on
the federal government of Australia must be applied as far as the Kingdom of Shangri-La is
concerned. It would lead to the total overhaul in the modus operandi of the Kingdom of
Shangri-La with reference to the carrying of day to day affairs thereby implying political
stability to a huge level. It would also act as driving force of the Kingdom of Shangri-La as
far as its economic development is concerned. It is recommended that Rani Plantagenet must
adopt the proposed model at the earliest. It would imply that the ministers would be chosen
from the National Assembly instead being decided by the monarch concerned. The aspect of
responsible government would also be applicable as per the situation in Australia as per
Section 64 of the Constitution of Australia as aforesaid.
Conclusion
As observed form the aforesaid discourse, it can be concluded by stating that the
applicability of the proposed model for the Kingdom of Shangri-La taking account of the
system of the Federal government of Australia. The advantages and disadvantages of such
model with regard to the political functioning of the Kingdom of Shangri-La have also been
taken into account with regard to the assessment of risks and the determination of the
feasibility with regard to the application of the model for the Kingdom of Shangri-La for a
long term basis.

References
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Douglas, J., Atkins, E., & Clift, H. (2015). Judicial Rulings with Prospective Effect in
Australia. In Comparing the Prospective Effect of Judicial Rulings Across
Jurisdictions (pp. 349-358). 7th ed. : Springer.
Loveland, I. D. (2018). Constitutional law. 4th ed. Abingdon: Routledge.
Michaels, J. D. (2015). An enduring, evolving separation of Powers. Colum. L. Rev., 115,
515.
Rosenbloom, D. H. (2016). 3a. Public Administrative Theory and the Separation of Powers.
In The Constitutional School of American Public Administration (pp. 78-94). 4th ed.
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