The Legislative Powers of the Commonwealth and the States of Australia: With Proposed Amendments

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C. F. Maxwell, 1919 - 994 strani
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Criminal law of the Commonwealth
92
Federal Constitutions compared
99
American and Canadian Cases
108
PAGE
112
Preamble
115
Short title
122
Act to extend the Queens successors
123
Commencement of Act
127
Operation of the Constitution and laws
157
Definitions
214
Repeal of Federal Council Act 21
218
Application of Colonial Boundaries Act
219
THE PARLIAMENT Part 1 GENERAL Sec 1 Legislative Power
220
GovernorGeneral
226
Salary of GovernorGeneral
230
Sessions of Parliament Prorogation and Dissolution
231
PAGE
236
Yearly session of Parliament
237
Qualification of electors
240
Application of State laws
242
Issue of writs
243
Further provision for rotation
244
Casual vacancies
245
Qualifications senator
249
Election of President
250
Quorum
251
Provision as to races disqualified from voting
253
Representatives in first Parliament
254
Alteration of number of members
255
Member of one House ineligible for other
262
11 Taxation but so as not to discriminate
315
111 Bounties on the production or export of goods
355
wealth
361
IV Borrowing money on the public credit of the Common
369
vi The naval and military defence
381
vn Lighthouses lightships beacons and buoys 416
446
Ix Quarantine 417
453
XIII Banking banks and paper money
468
the custody and guardianship of infants
502
xxv The recognition of the laws records and the judicial
508
XXVIII The influx of criminals
520
XXXI The acquisition of property on just terms for any
526
XXXIV Railway construction and extension in any State with
589

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Stran 146 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the...
Stran 954 - Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be Inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Stran 165 - This doctrine would subvert the very foundation of all written Constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare that, if the Legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the Legislature a practical and real omnipotence with the same breath which professes to...
Stran 481 - A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname.
Stran 419 - But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.
Stran 231 - Governor to do and execute all things that belong to his .said office, according to the tenor of these Our Letters Patent and of such Commission as may be issued to him under Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet, or by Our Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and to such laws as are now or shall hereafter be in force in the City and Garrison.
Stran 273 - The powers not delegated to the United States by the constitution, nor prohibited to it by the states, are reserved to the states respectively, or to the people.
Stran 221 - Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in The Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.
Stran 767 - During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, of the net revenue of the Commonwealth from duties of customs and of excise not more than one-fourth shall be applied annually by the Commonwealth towards its expenditure. The balance shall, in accordance with this Constitution, be paid to the several States, or applied towards the payment of interest on debts of the several States taken over by the Commonwealth.
Stran 708 - 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 inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter 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.

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