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

cHAP, 11] THE COMMONWEALTH OF AUSTRALIA 863 as preserving the peaceful course of industry, and its opera- tion might prove more beneficial than the actual settlement of disputes after they had broken out, and he was not satisfied that sufficient weight had been given in the argument to this phase of the power and the effect of the word ‘preserve’, or the word ‘arbitration’, or the expression ‘industrial dispute ’ in its ampler constitutional signification. But he did not propose to express a decided opinion upon the matter, partly because the constitutionality of the Act was not raised before the President of the Court, and the Court had not the advantage of his presence or of a case stated by him. The provisions were in his opinion separable, and he accepted as a principle of discrimination the rule! that if good and bad provisions were included in the same word or expression, the whole must fail ; where they were contained in separate words or expressions, then if the good and the bad parts were so mutually connected with and dependent upon each other as to lead the Court upon applying the language to the subject-matter to believe that Parliament intended them as a whole and did not pass the good parts as independent provisions, all the provisions so connected and dependent must fall together. The piutons of the judges in the case as to the common rule left’ little doubt of the result of the submission of that point formally to them, and in point of fact they declared it invalid shortly after.2 The conclusion was nearly inevitable from their method of approaching the case : if the terms of the Act are to be strictly construed, it is fair to say that the power granted is one to settle actually existing disputes, not a legislative authority. It is difficult to overestimate the importance of this decision as limiting the utility of the Court, and its importance is best seen from the fact that the Opposition were agreed that a change in the Constitution which would allow of the com- mon rule being made possible was desirable. Thus Mr. Cook, in his amendment on the second reading of the Legislative ! Of. per Shaw C.J. in Warren v. Mayor of Charlestown, 2 Gray, 84, at p. 99. * Australian Boot Trade Employés’ Federation v. Whybrow & Co., 11 C. L. R. 311. Even Isaacs (pp. 329-38) and Higgins (pp. 338-46) agreed.

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