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

826 THE FEDERATIONS AND THE UNION [PART IV or interfere with the free exercise of the legislative or executive power of the Commonwealth, the attempt, unless expressly authorized by the Constitution, was to that extent invalid and inoperative. It was held that the salary of a minister of the Crown for the Commonwealth or of a member of the Commonwealth Parliament, so far as earned in Victoria, was not liable to assessment under the Income-Tax Acts of Victoria. It was also held that the question raised was one as to the limits snter se of the constitutional powers of the Common- wealth and of a state within the meaning of s. 74 of the Constitution, and that the decision of the High Court as to the question was final and conclusive unless the High Court chose to give a certificate that the matter was one which ought to be determined by His Majesty in Council, and the High Court considered that this was not a case for such a certificate to be granted. In a subsequent case, Commonwealth v. New South Wales? the Court decided infer alia that if a vendor transferred land to the Commonwealth for public purposes under the Act of 1901, he was performing a necessary instrumentality of the Commonwealth, and the transfer was not liable to be hampered by stamp duties under the New South Wales Stamp Duties Act. In the case of Webb v. Outtrim,® which was brought to the Privy Council on appeal from the Supreme Court of Victoria, which followed the decision in Deakin v Webb? the Privy Council rejected as applicable to the Commonwealth Con- stitution the principle of implied prohibition. In the judgement, which was delivered by Lord Halsbury, the Privy Council referred to the Constitution Act of 1855 as giving power to the Crown with Parliament to make laws in and ' The Supreme Court of Tasmania in The King v. Bawden (1 Tas. L. R. 156) applied the doctrine to a state abilities tax, which the Court held to be an income tax in substance, though calculated on the basis of multiples of the value of the residence. * 30. L. R. 807. 110 L R OBR5.

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