Fortschritt und Armut

Responsible government in the Dominions (Vol. 2)

Bibliographic data

Monograph

Identifikator:: 1027863817

URN:: urn:nbn:de:zbw-retromon-43741

Document type:: Monograph

Author:: George, Henry http://d-nb.info/gnd/118716948

Title:: Fortschritt und Armut

Edition:: Sechste, unveränderte Auflage

Place of publication:: Jena

Publisher:: Verlag von Gustav Fischer

Year of publication:: 1920

Scope:: 1 Online-Ressource (XII, 407 Seiten)

Digitisation:: 2018

Collection:: Economics Books

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

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Buch VII. Die Gerechtigkeit des Heilmittels

Collection:: Economics Books

810 THE FEDERATIONS AND THE UNION [PART 1v nor in any case yet has the state been overriden by the Commonwealth. Moreover, in matters of state concern, as will have been seen above, the states are invited to Imperial Conferences! and the states have their Agents-General in England fully recognized by the Colonial Office. This is not, however, to say that the view taken of the matter by the Imperial Government in the cases of the Vondel and the Imperial Conference is wrong. It would indeed be absurd to make any such claim ; the truth is that the federation is deliberately an incomplete one, and that its relations must be chaotic and incomplete unless and until it is desired by the Commonwealth and states to make them consistent and perfect. The same position reappears in regard to the question of the position of State Governor. It has been laid down in the most convincing manner by the High Court of the Commonwealth that the Governor of a state, even while he is performing an act enjoined upon him by a Commonwealth statute, is none the less not liable to a mandamus by the Commonwealth High Court, and that as head of the state he is exempt from such a proceeding. That was decided in the case of The King v. The Governor of the State of South Australia ® in 1907, when it was sought by Mr. Vardon, one of the candidates for election as Member of the Senate for that state, to establish his right to have an election held to fill up a vacancy caused by the order of the Court on a dis- puted election in 1906. He claimed that instead of the appointment being made by the two Houses sitting together, as the Governor had been advised to do by his Ministry, and as had been done, the appointment was one to be made by the ordinary electorate, a view afterwards confirmed by the High Court. But the High Court would not grant a mandamus, and declared that it could not take such action against a State Governor who was the political head of the state. In a subsequent case, Horwitz v. Connor 2 it also refused ! e.g. the Surveyors’ Conference of 1911; see Parl. Pap., Cd. 5273. pp. 124 seq. 24 C. L R. 1497. s 6C. L. R. 39.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 2)

Monograph

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation