Entstehung und Bedeutung der Preußischen Städteordnung

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Monograph

Identifikator:: 1885646178

URN:: urn:nbn:de:zbw-retromon-253324

Document type:: Monograph

Title:: Entstehung und Bedeutung der Preußischen Städteordnung

Place of publication:: Leipzig

Publisher:: Dürr

Year of publication:: 1908

Scope:: VI, 154 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Vierter Abschnitt. Die preußische Städteordnung vom 19. November 1808

Collection:: Economics Books

386 THE FEDERATIONS AND THE UNION [PART IV be pending. They admitted that the State Courts and their officers were not officers of the High Court, but they reminded the Chief Justice of Victoria and the officers of the Court that they were Australians, bound by the laws of the Commonwealth under s. 5 of the Constitution Act. In 1910 the Commonwealth Parliament by Act No. 34 authorized the Governor-General to refer to the full bench of the High Court for hearing and determination any question of law as to the validity of any Commonwealth Act! Any state interested shall be allowed to intervene,? and any person interested may be permitted to appear at the hearing, and the Court is authorized to secure the argument by counsel at the expense of the Commonwealth of any point which they think should be so argued. The determination of the Court upon the matter shall be final and conclusive, and not subject to any appeal, but this provision of course does not bar the prerogative right to grant leave to appeal under 3. 74 of the Constitution. The legislation is based on the model of that adopted by Canada in the Supreme Court and also by the Canadian Provinces, but differs from the legisla-~ tion in the case of the Supreme Court by making the decision inal, and not merely as in the case of Canada, consultative. Under s. 118 full faith and credit shall be given throughout the Commonwealth to the laws, the public Acts and records, and the judicial proceedings of every state. This clause is borrowed from the United States Constitution, and fortu- nately its sense there has received judicial interpretation in a manner which the Courts of Australia are no doubt sure * Sir J. Quick was doubtful as to the propriety in point of law of the 2nactment, but approved its expediency ; see Quick and Garran, op. cit., p. 7167; Parliamentary Debates, 1910, pp. 6489 seq.. 6781 seq. : Harrison Moore, op. cit., pp. 363 seq. * This has been done already in several cases under the existing law ; e.g. The State Railway Servants’ Case, 4 C. L. R. 488; The King v. Barger, 6 C. L. R. 41; Baxter v. Commissioners of Taxation, N. S. W. I" 1 C. L. R. 1087 ; The Woodworkers’ Case, 8 C. L. R. 465, and by the Privy Council in the case of the Commonwealth ; Webb v. Outtrim, [1907] A. C. 81. * For Canada, cf. Cooper v. Cooper. 13 App. Cas. 88: Logan v. Lee. 30 S. C. R. 311.

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