Rationelle Betriebsführung im Malerhandwerk

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Monograph

Identifikator:: 865521182

URN:: urn:nbn:de:zbw-retromon-48767

Document type:: Monograph

Author:: Lowenfeld, Henry

Title:: Investment, an exact science

Place of publication:: London

Publisher:: The Financial Review of Reviews

Year of publication:: 1906

Scope:: 1 Online-Ressource (X, 160 Seiten)

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter V - The practical construction of investment schemes

Collection:: Economics Books

360 PARLIAMENTS OF THE DOMINIONS [PART III Parliament, and such delegation was repugnant to s. 1.of the Constitution, which provided that the legislative power of the Commonwealth should be vested in a Federal Parlia- ment consisting of the Sovereign and the two Houses. They quoted the American Courts as laying down that it was an axiom in constitutional law universally regarded as a principle essential to the integrity and maintenance of the system of government, that no part of the legislative power could be delegated by the Parliament to any tribunal or body. The Commonwealth had not the power which the State Governments had under their constitutions, to create subordinate bodies with powers of general legislation. To the objection that the State Parliaments had legislated in a similar manner without having any expressed power to create subordinate bodies with powers of general legislation, it was replied that the State Parliaments, like the Legislatures of the Provinces of Canada, had power to alter their constitu- tions by legislation in the ordinary way, and a delegation of legislative power would in effect be an alteration of the constitution which vested that power in the Parliament itself. They did not contend, however, that the Parliament was a delegation of the Imperial Parliament and that the maxim delegatus non delegare potest applied, but that this particular provision was repugnant to the Constitution. The High Court decided unanimously against the contention of the limitation of the power of Parliament. They relied upon the case of Reg. v. Burak! They could see no difference between the powers that were exercised with regard to Customs by the State Parliaments before the Commonwealth Constitution came into operation, and the powers conferred on the Parliament of the Commonwealth by the Constitution itself. The argument as to the power of the states to alter their constitutions was expressly noted by Isaacs J., who pointed out that as a matter of fact the power of the Legislature to alter the constitution depended on the terms of the constitu- tion as it existed at any given moment, and he referred to the case of Cooper v. Commissioner of Income Tax? as showing ' 3 App. Cas. 889, 2 4 LR. 1304.

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