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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Chapter

Document type:: Multivolume work

Structure type:: Chapter

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

Collection:: Economics Books

i196 THE FEDERATIONS AND THE UNION [PART IV The rest of the Court held that, whether capable or not of being included in the word tax, customs duties were not a tax upon property in the sense in which that expression is used in s. 114, being imposed upon the act of importation, not upon the goods themselves in their character as property. So in the Commonwealth v. New South Wales! the question arose whether it was necessary to stamp a document trans- ferring certain land to the Commonwealth under the Property for Public Purposes Acquisition Act, 1901, in view of the New South Wales Act, No. 27 of 1898. The Court held inter alia that even if the Act bound the Crown in New South Wales, which they held it did not, it could not bind the Crown in the Commonwealth, again emphasizing the separate personalities of the Crown in the several capacities in which it appears in the Commonwealth. [t was proposed in chap. v, s. 5, of the draft constitution 2 that all references or communications required by the constitution of the state to be made by the Governor of the state to the Queen should be made through the Governor- General, as Her Majesty’s representative in the Common- wealth, and the Queen’s pleasure should be made known through him, and it was argued by Sir S. Griffith? that such an arrangement was essential if there was to be a real federa- tion, but this view did not ultimately prevail. At Adelaide Mr. Deakin 4 moved for the retention of this rule, but it was opposed by Sir Edward Braddon and Mr. Kingston as an invasion of state rights, and the proposal was not carried. The question of the relations between the Commonwealth and states with regard to external affairs was raised in an acute form in 1902 in connexion with the representations made to the Imperial Government as to the conduct of the Government of South Australia in refusing to arrest the crew of the Dutch vessel Vondel in accordance with the existing treaty between Holland and Great Britain 1 3 C. L. R. 807. * Quick and Garran, pp. 931, 932; Harrison Moore, pp. 347-50. * Convention Debates, 1891, p. 850, So Sir H. Parkes (p. 852) and Sir R. Baker (p. 852). 4 Adelaide Debates, p. 1177.

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