Grundsätze der Volkswirtschaftslehre

Responsible government in the Dominions (Vol. 2)

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Monograph

Identifikator:: 890892032

URN:: urn:nbn:de:zbw-retromon-34137

Document type:: Monograph

Author:: Waha, Raymund de http://d-nb.info/gnd/117560855

Title:: Die Nationalökonomie in Frankreich

Place of publication:: Stuttgart

Publisher:: Verlag von Ferdinand Enke

Year of publication:: 1910

Scope:: 1 Online-Ressource (XIX, 540 Seiten)

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Buch I Die liberale Schule

Collection:: Economics Books

cua. 11] THE COMMONWEALTH OF AUSTRALIA 809 To the claims of the states in this regard there has been some support in various judgements of the High Court, where the states are talked of as sovereign powers within their own ambits, and placed beside the Commonwealth also described as a sovereign power. This was notably the case in the whole series of judgements of the High Court in connexion with the establishment of the doctrine of non-interference with state instrumentalities by the Commonwealth or of federal instrumentalities by the state seen in the income-tax cases and the case of licensing duties! But it may be noted also that in a subsequent case? the High Court admitted that all the states and the Commonwealth were not strictly full sovereign states as they were subject to the paramount authority of the Imperial Parliament, by which they are constituted, for every state and the Commonwealth owes its existence directly or indirectly to Imperial Acts. Still the High Court must be admitted to have decided that ander the Fugitive Offenders Act the Governor of a state is still the proper person to act as required from the Governor of a Colony in that Act? and O’Connor J. distinctly stated that in his view the Commonwealth had no power to legislate as to fugitive offenders at all, as the criminal law in the Commonwealth was in the hands of the State Parliaments, and not of the Commonwealth authorities. Moreover, this quasi-independent position of the states, even as regards ex- ternal affairs, is recognized by the Colonial Office, in that, for example, official invitations are transmitted to the states to take part in conferences affecting their interests, and in that they are asked to accord recognition to consular officers. In both cases the Commonwealth Government are of course con- sulted. but the consultation of the state takes place as well, Office of the dispatches to the states, for his personal information. The sending of circular dispatches via the Governor-General has not been adopted—the statement on the subiect in Moore rests on a misunder- standing. L I Emden v. Pedder, 1 C. L. R. 91, at p. 109 ; Baater v. Commissioners of Taxation, New South Wales, 4 C. L. R. 1087, at pp. 1121, 1126. 2 Qae 5 (1. LL. R. 737. at 740. 3 MYeKelvey v. Meagher, 4 C. L. R. 265.

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