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

cmap. 11] THE COMMONWEALTH OF AUSTRALIA 909 state may be formed out of territory separated from a state, but the consent of the Parliament of that state is required, and a new state may be formed by the union of two or more states, but the consent of the Parliaments is needed in that case also. Moreover, a state is allowed by s. 111 to surrender a portion of its territory to the Commonwealth, and if a surrender takes place, the Commonwealth can then, ander s. 122, legislate as it likes for the territory in question. The combined effect of all these provisions isa little curious. The power to admit clearly refers to cases like those of Fiji or New Zealand, which are outside the Commonwealth. The power to create a state out of territory of which the Common- wealth becomes possessed would operate of course to enable the Commonwealth to create into a state the territory of Papua, if it so deemed proper. Tt is curious that, as a result of the operation of s. 111, that although one state might surrender territory to the Commonwealth, the Common- wealth could only add the territory to another after both the Parliament and the electorate had agreed. It may be noted also that any change which affects a state’s limits cannot be carried by an amendment of the Constitution unless the majority of electors in the state concur in the proposal. It is a question of some difficulty whether the provisions of the Constitution have affected in any way the provisions in older Imperial Acts which authorize changes of boundary. Thus by the Imperial Act of 1850 8 the Crown is empowered to change the boundaries of New South Wales and Victoria, by the Act of 18554 the two Colonies can alter by concurrent legislation their boundary on the Murray River, by the Act of 18615 any Governors of contiguous Colonies can with the advice of their Executive Councils alter the frontier, and, on ! This is the authority for the transfer of the Northern Territory ; see below. 2 They have clearly invalidated the application to the States of the Commonwealth of the Colonial Boundaries Act, 1895, and, as Quick and Garran (pp. 975, 976) point out, with very little cause. 3 13 & 14 Vict. c. 59, s. 30. 1 18 & 19 Vict. c. 54, 8. 5. 5 04 & 25 Vict. c. 44, 8. 5.

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