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

1366 THE JUDICIARY [PART VI the powers of the Court has been to some degree effected by the Constitution of 1900 and an Australian Act, No. 8, of 1907. It was originally proposed that the High Court to be established for the Commonwealth should be the final Court of Appeal for the Commonwealth! The Adelaide session saw the appeal in every case removed, save that an appeal might be allowed from the High Court only if the public interests of the Commonwealth or a state or any other part of the Queen’s dominions were concerned. In the Bill as brought home by the delegates this was modified, and it was proposed to exclude an appeal from any Court, federal or state, in any matter involving the interpretation of the Constitution, or the Constitution of a state, unless the public interests of some part of Her Majesty’s dominions, other than the Commonwealth or a state were affected. Excep- tion was taken to this proposal by the Imperial Government, which desired to see the full appeal retained, or at least some less vague limitation imposed, and the objections of that Government were reinforced by reference made to the Colonial Chief Justices by telegram, which solicited the ex- pression of views in favour of the extension of the appeal and the preservation of an appeal in every case from the State Courts, for which Queensland and New Zealand pressed. Finally both sides compromised, and the section as passed was expressed as follows : No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question, howsoever arising, as to the limits infer se of the constitutional powers of the Commonwealth and those of any state or states, or as to the limits infer se of the constitutional powers of any two or more states, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council. The High Court may so certify if satisfied that for any t Cf. Commonwealth of Australia Constitution Bill (Wyman & Sons, 1900), Keith, Journ. Soc. Comp. Leg., ix. 269-80 ; Quick and Garran, Constitution of Commonwealth, pp. 242 seq., 750 seq. ; Harrison Moore, Commonwealth of Australia,® pp. 236 seq. ; Parl. Pap., Cd. 158, pp. 1 seq., 47, 57, 64, 75 seq. ; 188, p. 3; Commonwealth Debates, 1907, pp. 3755 seq.

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