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

798 THE FEDERATIONS AND THE UNION [PART IV actually transferred, or upon which the Commonwealth Parliament had power to make laws and had legislated, the Commonwealth Government was the proper channel of communication with the Imperial Government. In all other matters the proper channel of communication was the States Governor. They did not know whether the Common- wealth could legislate, under its power to make laws with respect to external affairs given by the constitution (s. 51 (xxix)), so as to enforce Imperial treaties and to punish state officers who violated such treaties, but no such law had yet been made, and if an officer were charged with contravening an Imperial obligation of this kind, the Commonwealth Government had no power even to call upon him for an explanation, much less to punish him if he had done wrong. It would be absurd to make the Commonwealth Government the channel of communication in matters in which they were powerless to act, and it would be an indignity to the South Australian Government, with whom at present lay the duty of maintaining within its borders Imperial treaties, if it were compelled to approach His Majesty’s Government through the medium of any other Government. The fact that the High Court had original jurisdiction of ‘ matters arising under any treaty ’ or ‘ matters affecting the position of Consuls ’ did not transfer these questions to the executive control of the Commonwealth Government; the State Courts retained jurisdiction with regard to these cases. On the other hand, the Government of the Commonwealth ! held that the matter to be investigated fell directly within the sphere of the Commonwealth’s action. The fulfilment of treaty obligations was obviously one of those external affairs peculiarly federal which could not be dealt with independently by each state without producing an intolerable condition of confusion prolific in international complications. Trade and commerce with other countries and shipping were also specifically placed under Commonwealth control, and ' See Mr. Deakin’s memorandum of September 26, 1902 ; ibid., pp. 10, 11. The views of South Australia were given by Mr. Jenkins and Mr. Gordon.

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