Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

cHAP. 11] THE COMMONWEALTH OF AUSTRALIA 795 Isaacs J. said: True in a sense the Crown is one and indivisible throughout the Empire, but its power is not one and indivisible ; it acts by different agents with varying authority in different localities or for different purposes in the same locality. The constitution redistributed the royal authority over the territory of Australia. Formerly and subject only in the last resort to the will of the Imperial Parliament, the sovereign exerted his authority over his subjects in each separate Colony solely by his local representatives and advisers there, and with regard to all matters of legislative and executive control. The distribution of power effected by the constitu- tion has produced this change in the position of the King, that his sovereign power is no longer exercised by means of those representatives and advisers over so large a field of subject-matters, or in some cases with the same finality. His Commonwealth representatives and advisers in all matters committed to them are now either the exclusive or the dominant depositaries of the royal authority. Trade and commerce with foreign countries is one of those matters. Customs taxation is another. The states are still His Majesty’s agents so far, for instance, as the general construction and management of railways are con- cerned, and for the purpose of acquiring the ownership of property destined for use in connexion with railways in their respective territories—but they are not his agents to exercise his sovereign jurisdiction with regard to the introduction of articles of commerce into this continent contrary to the declared will of the Federal Parliament. The meaning of s. 114 of the Constitution was discussed at some length. Isaacs J. held that duties of customs were imposed on the goods and therefore on property within the meaning of s. 114, but that they did not come within the meaning of the word tax as used in that section. and in the constitution generally. ' 5C.L.R. 789,at p. 809. Cf. the discussionin Parl. Pap., 1907-8, No. 128. ! For a good case of this, cf. the Privy Council judgement in Dominion of Canada v. Province of Ontario, [1910] A. C. 603. * What constitutes importation was discussed in Canada Sugar Refinery Co. v. The Queen, [1898] A, C. 735, when it was held that mere taking of goods into the territorial waters of Canada to a port of call was not importa- tion ; arrival at a port of discharge at least was necessary. Quick and (larran, op. cit., p. 859.

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