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

876 THE FEDERATIONS AND THE UNION [PART IV or between a state and a resident of another state! (for the latter class of cases provision is made in New South Wales by an Act of 1897, in Victoria in 1890, in Queensland in 1866, in South Australia by Act No. 6 of 1853, in Tasmania in 1891, and in Western Australia in 1898; and also a petition of right lies at common law) ; (v) In which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth ; 2 the High Court shall have original jurisdiction. 76. The Parliament may make laws conferring original jurisdiction on the High Court in any matter— (i) Arising under this Constitution, or involving its inter- oretation ; (il) Arising under any laws made by the Parliament ;3 (iii) Of admiralty and maritime jurisdiction ; 4 (iv) Relating to the same subject-matter claimed under the laws of different states. 77. With respect to any of the matters mentioned in the last two sections the Parliament may make laws— (i) Defining the jurisdiction of any Federal Court other than the High Court ; (ii) Defining the extent to which the jurisdiction of any federal Court shall be exclusive of that which belongs to or is invested in the Courts of the states ; (iii) Investingany Court of a state with federal jurisdiction.’ 78. The Parliament may make laws conferring rights to proceed against the Commonwealth or a state in respect of matters within the limits of the judicial power.> (This power is of very doubtful extent, but it probably does not go beyond conferring rights against the states in matters which are within the powers of legislation by the Parliament.) 80. The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial * For this, cf. Clark, op. cit., pp. 167-73. The case of states at conflict is seen in the case of boundaries between Victoria and South Australia decided May 22, 1911 (cf. Rhode Island v. Massachusetts, 12 Pet. 657), serhaps Victoria v. New South Wales and a case on the Murray river may be so decided (cf. Clark, pp. 103-17 ; Quick and Garran, pp. 883 seq.) f the agreement between the States is not ratified by the Parliaments. * Cf. 11 C. L. R. 1, at pp. 20-2, 33, 40-2, 46-9. ' This has been done by all the important Acts, Defence, Copyright, Patents, Customs, Excise, Posts and Telegraphs, &e. ' Not yet acted upon. Cf. Quick and Garran, op. cit., pp. 797 seq. * See Act No. 21 of 1902, and now the Judiciary Act, 1903. Harrison \loore, op. cit., p. 498.

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