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

830 THE FEDERATIONS AND THE UNION [PART IV held that the High Court was, under the Constitution, the ultimate arbiter upon all such questions, unless it was of opinion that the question at issue in any particular case was one upon which it should submit itself to the guidance of the Privy Council. It was therefore not bound to follow the decision in Webb v. Outtrim,! but should follow its own con- sidered decision in Deakin v. Webb? in which it had refused to grant a certificate for an appeal to the Privy Council, unless upon a reconsideration of the question for whatever reason it should come to a different conclusion, and there was no- thing in the reasons urged by the Judicial Committee to throw any new light on the question involved, either with regard to the necessity for the implication of the rule of implied prohibition laid down in McCulloch v. Maryland ® and adopted in D’Emden v. Pedder,* or as to the applica- bility of the rule to the particular question. They examined in detail the arguments of the Privy Council, and asserted that the principle of necessary implication was one which must have been before the minds of the framers of the Common- wealth Constitution. The criticism which had been made by the Privy Council, that Expressum facit cessare tacitum, was not a sufficient doctrine on which to base an overruling of the view laid down by the High Court. All the express prohibitions on which reliance was or could be placed, found their counterpart in the Constitution of the United States. The only section referred to expressly by the Privy Council which had any bearing on the application of the maxim was 8. 114, which was not framed for the purpose of exhaustively defining the prohibitions upon the exercise of state powers, but with another intention. The rule of implied prohibition was an accepted part of the constitutional law of the United States, but it had been held by the United States Court that it did not extend to prohibit the taxation of federal property or state property in all cases. A distinction had been * [1907] A. C. 81. *1C. LR. 585. * 4 Wheat. 316. ‘10 LR. 9L ? Cf. also the State Railway Servants’ case, 4 C. L. R. 488, at pp. 519. 334.

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