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

SHAP. I] THE COMMONWEALTH OF AUSTRALIA 845 O’Connor J.1 thought that the power conferred by s. 51 (xx) of the Constitution was limited to the making of laws with respect to the recognition of corporations as legal entities within the Commonwealth, and did not include a power to make laws for regulating and controlling the business of corporations when once they had been so recognized, and were exercising their corporate functions by carrying on business in the Commonwealth. Higgins J.2 held that the power conferred by s. 51 (xx) of the Constitution on the Commonwealth Parliament was power to legislate with respect to the classes of corporations hamed, as corporations—that is, to regulate the status and capacity of such corporations and the conditions on which they might be permitted to carry on business ; but did not include a power to regulate the contracts into which corpora- tions might enter within the scope of their permitted powers. Ss. 5 and 8 of the Australian Industries Preservation Aet, 1906, were not legislation with respect to such corporations, but legislation with respect to trade and commerce. On the other hand, Isaacs J.2 held that the Commonwealth Parliament had power, not to regulate the powers and capacities of corporations, but to control the conduct of corpordtions in relation to outside persons, and he urged strongly that ss. 5 and 8 of the Act were a valid exercise of such power. He was also decidedly of opinion that this must be the sense of the power given in the Commonwealth Act, which would otherwise be of little value or importance. The result of the case was the introduction by the Attorney- General on September 29, 1910, and the passing by the Parliament for submission to a referendum in April 1911 of 2 Bill to alter the Constitution as follows — 4 3. 8. 51 of the Constitution is altered by omitting the words ‘Foreign corporations, and trading or financial cor- ‘8 C. L. R. 330, at pp. 367 seq. * Ibid., at pp. 408 seq. * 8 C. L. R. 330, at pp. 381 seq. ! See Parliamentary Debates, 1910, passim. The debates of both Houses Were separately issued as a pamphlet. For the terms of the proposed aw, see Gazefte, March 16, 1911.

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