Those who draft written constitutions intend them to be the fundamental law of the state. Any act of the legislature which is repugnant to the constitution is void.

The Privy Council had to decide whether or not the Legislature of Queensland Australia had power, under s 5 Colonial Laws Validity Act 1865 to authorize the appointment of a judge of the Supreme Court for a limited period.

There are constitutions which contain clauses requiring a special procedure and, in some cases, a special legislative assembly to amend them. Countries like the UK have no special procedure for making, amending, and repealing constitutional law. Constitutions which require a special procedure are controlled constitutions. Those which do not require a special procedure are uncontrolled constitutions. The appointments were valid.