Lebenserinnerungen

Responsible government in the Dominions (Vol. 2)

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Monograph

Identifikator:: 1028805233

URN:: urn:nbn:de:zbw-retromon-44741

Document type:: Monograph

Author:: Dove, Karl http://d-nb.info/gnd/116190957

Title:: Methodische Einführung in die allgemeine Wirtschaftsgeographie

Place of publication:: Jena

Publisher:: Verlag von Gustav Fischer

Year of publication:: 1914

Scope:: 1 Online-Ressource (51 Seiten)

Digitisation:: 2018

Collection:: Economics Books

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

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: III. Abschnitt. Geographie des Verkehrs

Collection:: Economics Books

cHAp. 11] THE COMMONWEALTH OF AUSTRALIA 871 so far as they purported to regulate purely internal coasting trade, and were to that extent invalid. Then the Court considered whether the valid provisions could be separated from the invalid provisions, and they laid down, as in the Railway Servants’ case! and the Bootmakers’ case? the principle that when in the attempted exercise of a power of limited extension an Act is passed which in its terms extends beyond the prescribed limits, the whole Act was invalid unless the invalid part was plainly severable from the valid. They held that in this case to interpret the law as referring only to inter-state trade would be to create a new law, and not to carry out the intended law. When the Legislature assumed jurisdiction over a whole class of ships, over some of which it had and over others it had not jurisdiction in point of law, and plainly asserted its intention to place them on the same footing, the Court would be making a new law if it gave effect to the statute as a law intended to apply to part only of the class. The Court therefore held that the whole Act was invalid, and reversed the decision of the Court below.? It is important to note that the decision evidently treats the powers to deal with navigation as referring only to navigation between the states, and therefore that the Parliament of the Commonwealth has no power to deal with merchant shipping except in so far as shipping between the various states is concerned. Unless and until, therefore, the federal constitution is in some way amended it will be im- possible for the Parliament of the Commonwealth to pass any really effective merchant-shipping legislation. It cannot be a matter for legitimate regret that the ambiguities latent in the power of State Parliaments under 3. 51 (i) should disappear. In the United States the question has caused perpetual difficulty and inconvenience, and no one need desire to see perpetuated in Australia that conflict 4 C. L. R. 488. * 11 C. L. R. 1. Cf. Harrison Moore, op, cit., pp. 388 seq. * They dismissed summarily the argument that the Court had admiralty iurisdiction.

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