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

888 THE FEDERATIONS AND THE UNION [PART IV if rendered before federation, would not have founded even a valid action in another state, may be registered, and acted on now, though, according to the rules of private international law as laid down by the English Courts and the Privy Council, the action was not one which the Court could properly enter- tain. No case has yet been decided on this point, but Professor Harrison Moore! seems right in holding that this is the result, as apparently it is in England in the case of Scottish judgements contemplated in the Judgements Exten- sion Act, 1868. ft is convenient bere to notice the limits which bound the power of the executive to establish tribunals other than the Courts to deal with matters of a quasi-judicial character. The establishment of such authorities has always been jealously regarded by the Courts of law, and they will, as has heen established in a series of recent British cases, scrutinize very closely the acts of such tribunals to ascertain if they are within the powers accorded, and if in the exercise the authority has acted properly according to the powers—for example, has heard evidence and has applied the proper principles to considering the facts so found ; the Courts will aot, of course, usurp a right to decide the matters which are by law removed from their ken, but will see that the authority constituted acts on the principles which bind it. But subject to the control of the Courts the decisions of such bodies are clearly judicial, and differ from executive Acts in their binding force. On the other hand, there are cases of inquiries which, though apparently in form judicial, are not really such at all. This is dealt with in the decision of the Supreme Court of New Zealand in the case of Cock v. Attorney-General and another? decided in 1909. Tt was held * Op. cit., p. 484; cf. Dicey, Conflict of Laws,? p. 426. The opposite doctrine has been accepted in Mackenzie v. Maxwell, (1903) 20 W. N. {N. 8. W.) 18, by Pringle J. Cf, however, ex parte Penglase, (1903) 3 8. R. (N. 8. W.) 680. Harrison Moore's view is adovted in Adcock v. Aarons, 5 W. A. L. R. 140. ' (1909) 28 N. Z. L. R. 405. See also Clark, op. cit.. pp. 222-53, for a Tasmanian case in 1899

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