Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

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

Usage license:: Get license information via the feedback formular.

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

842 THE FEDERATIONS AND THE UNION [PART IV that was explicitly prohibited by the express grant of power to legislate for trade with other countries and among the states. In my opinion,” said Griffith C.J.,! “it should be regarded as a fundamental rule in the construction of the Constitution that when the intention to reserve any subject- matter to the states to the exclusion of the Commonwealth clearly appears, no exception from that reservation can be admitted which is not expressed in clear and unequivocal words. Otherwise the Constitution will be made to contradict itself, which upon a proper construction must be impossible.’ On the other hand, Isaacs J.2 and Higgins J.2 were equally clear that the power to legislate as to trade-marks covered the actual legislation which had been passed. The former, by an elaborate examination of the true meaning of trade- mark, arrived at the conclusion that it merely imported a mark used in trade and connected in some way with goods in order to identify the goods with persons. The Common- wealth Parliament was therefore fully entitled to confer the right of having workers’ trade-marks on such persons as it thought fit, and its legislation in that regard would override any state legislation to the contrary. I confess,’ he said, ‘I do not understand the doctrine which acknow- ledges the plenary character of powers, and at the same time restricts them. Denying complete supremacy with regard to a power affirmatively granted is a doctrine which seems to me incompatible with s. v of the Commonwealth of Australia Constitution Act, and one which leads not merely to constant conflict, but also to inevitable uncertainty as to the respec- tive spheres of national and state action and authority.’ Higgins J. held that the workers’ trade-mark contained all the essential characteristics of a trade-mark as understood at the time of the passing of the Constitution, although not all the essential characteristics of a trade-mark then enforceable in British Courts. The term must be understood in its full grammatical and ordinary sense in 1900, and he argued further that even if the workers’ trade-mark went beyond 16 C. L. R. 469, at p, 503. 2 6 C. L. R. 469, at pp. 559 sea © 6 C. L. R. 469, at pp. 599 seq.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 2)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation