Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

CHAP. VII] MERCHANT SHIPPING was introduced in 1904, referred to a Royal Commission in Australia, and which formed the subject of correspondence between the Imperial and Commonwealth Governments.* In the course of the discussion with the Commonwealth Government, it was argued by the Commonwealth Law Department, in a memorandum laid before the Australian Royal Commission, that the proposed legislation was not, as held by the Imperial Government, ultra vires the Common- wealth. The Law Department was of opinion, in the first place, that the power to legislate for peace, order, and good government was wide enough to sanction in the case of ships extra-territorial jurisdiction, but of more importance was the argument that the Commonwealth possessed power with respect to navigation and shipping independent of that con- ferred by the Act of 1894, and this view has been accepted by the Commonwealth Government, which laid it down that the power to legislate as to shipping rested on ss. 51 (1) and 98 of the Constitution. It is clear that this contention is so far correct that the power to legislate does not rest on ss. 735, 736 of the Merchant Shipping Act 1894; that Act affects the mode of exercising the power, and the legislative authority depends on the Constitution Act of the Legislature. The real question at issue is how far these sections affect legislation by the Dominions. Mr. Garran suggests that s. 736 is an enabling clause and not a restricting clause, and on this theory he has some difficulty in accounting for its provisions. He suggests that it gives an extra-territorial operation 3 to the law of the Colony, but he is not clear as to what the exact purpose of the section was, but he holds that it does not mean that legisla- tion as to coasting trade can only be valid if carried out in the form described in s. 736. that is. subject to the condition 1191 * Parl. Pap., Cd. 2483, 3023. * Ibid., Cd. 3023, pp. 61, 62. See Keith, Journ. Soc. Comp. Leg., ix. 212 seq., and cf, Cd. 4355, pp. 19, 20. * Quick and (Garvan, op. cit., p. 361, did not take this view, and the Australian delegates at the Conference of 1900 also thought thats. 736 gave no extra-territorial authority, but they were arguing ex parte; cf. Keith, Journ. Soc. Comp. Leg., x. 123-5.

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