Kaufmanns Herrschgewalt

Responsible government in the Dominions (Vol. 2)

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Monograph

Identifikator:: 1009604546

URN:: urn:nbn:de:zbw-retromon-71914

Document type:: Monograph

Author:: Carnegie, Andrew http://d-nb.info/gnd/11866719X

Title:: Kaufmanns Herrschgewalt

Edition:: 5. Auflage

Place of publication:: Leipzig

Publisher:: Verlag von G.A. Gloeckner

Year of publication:: 1914

Scope:: 1 Online-Ressource (XVI, 221 Seiten)

Digitisation:: 2017

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: XV. Eisenbahnen einst und jetzt

Collection:: Economics Books

cnap. 11] THE COMMONWEALTH OF AUSTRALIA 925 either House can take the initiative in requiring a referendum as to constitutional alterations? Tt will be seen at once how very wide the power of alteration is, and how easily on the whole it can be exercised. Ap- parently all the Constitution can be changed, but this view must not be pressed too far; for example, the purpose of the Act is expressed in the preamble, which with the enacting clauses is not subject to change ; the purpose of the enact- ment is to create an indissoluble Federal Commonwealth under the Crown of the United Kingdom, and therefore the Constitution must still provide for the subordination of all authority to the Crown. Nor can the provisions in the Act as to ss. 5, 7, and 8, which are still in force, be altered, providing as they do for the operation of the laws of the Commonwealth, the validity and maintenance of the Acts of the Federal Council, and the application of the Colonial Boundaries Act, 1895, to the Commonwealth. Nor again on general princi- ples may we believe that the Parliament can extinguish itself ; the enacting clauses also refer to the action of the Parlia- ment, and it may fairly be said that there must be a Parlia- ment, as indeed there would certainly require to be in some form or other. But the power of change is very great, and there has already been introduced a Bill into the Parliament in the session of 1910 which expresses the wishes of those who would abolish the states as now composed, and vest the whole power of the Commonwealth in the Commonwealth Parliament, supplementing it by local Councils throughout Australia, which would normally manage local affairs, though, unlike the states, they would be subject to the paramount legislative supremacy of the Commonwealth, which thus could insist upon a general policy in these matters, in which uniformity is of importance.® The mode of altering the Constitution is of remarkable simplicity, and distinguishes the Commonwealth Constitution trom the Constitution onwhich it is so largelyin some respects ' ¢f. Quick and Garran, op. cit., pp. 986 seq. 2 The Bill was not seriously pressed : it is mainly a transcript from the South, Africa Act. 1909. Cf. Turner. Australian Commonwealth, p. 307.

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