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

Hap. 11] THE COMMONWEALTH OF AUSTRALIA 817 52. The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to— (i) The seat of government of the Commonwealth, and all places acquired by the Commonwealth for public pur- oses ; i Matters relating to any department of the public ser- vice the control of which is by this Constitution trans- ferred to the Executive Government of the Common- wealth; [viz. under s. 69, customs, excise, postal, defence, lighthouses, &c., and quarantine. ] iii) Other matters declared by this Constitution to be within the exclusive power of the Parliament. Of the powers given to the Commonwealth Parliament by s. 51 of the Act none are expressly stated to be exclusive of the powers of the states, but in some cases the nature of the power makes it necessarily exclusive as the power conferred is a power which, prior to the passing of the Act, did not exist, and could not be exercised by a State Parliament. This applies clearly to the powers given in subsections iv, vi (cf. s. 114), x, xii (cf. 5. 115), xxiv, XXV, XXX, xxxi, xxxii, xxxiii, xxxiv, Xxxv, XxXvi, Xxxvii, xxxviii, and xxxix.? Of the other matters entrusted to the Commonwealth a division may be made between those in which, once the Com- monwealth has exercised its power, there will be practically no sphere left within which the state can exercise its authority, and those which more or less permanently permit an exercise of authority by the state concurrently with the exercise of authority by the Federal Parliament. Within the latter class fall clearly such powers as that of taxation (ii),% the state being able to raise whatever taxes it thinks necessary in addition to Commonwealth taxes, though in the case of land taxes the Commonwealth has by Acts Nos. 21 and 22 ! The last branch of this section has been held to apply to a post office ; see Rex v. Bamford, (1901) 1 8. R. (N.S.W.) 337. ' Of. Clark, Australian Constitutional Law, pp. 71-102, with whose views, however, I do not entirely agree ; Quick and Garran, op. cit., pp. 660 seq., 093-8 ; Harrison Moore, op. cit., pp. 273 seq., 445 seq. Of, Municipal Council of Sydney v. Commonwealth, 1 C. L. R. 208, at p. 232, per Griffith C.J. 12792

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