History for ready reference, Volume 6 : $b Recent history - 1894-5 to 1901 A-ZLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 6 : $b Recent history - 1894-5 to 1901 A-Z
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
This was objected to on several grounds, but mainly for the
reasons thus stated by Mr. Chamberlain: "Proposals are under
consideration for securing a permanent and effective
representation of the great Colonies on the Judicial
Committee, and for amalgamating the Judicial Committee with
the House of Lords, so as to constitute a Court of Appeal from
the whole British Empire. It would be very unfortunate if
Australia should choose this moment to take from the Imperial
Tribunal the cognizance of the class of cases of greatest
importance, and often of greatest difficulty. Article 74
proposes to withdraw from the Queen in Council matters
involving the interpretation of the Constitution. It is
precisely on questions of this kind that the Queen in Council
has been able to render most valuable service to the
administration of law in the Colonies, and questions of this
kind, which may sometimes involve a good deal of local
feeling, are the last that should be withdrawn from a Tribunal
of appeal with regard to which there could not be even a
suspicion of prepossession. Questions as to the constitution
of the Commonwealth or of a State may be such as to raise a
great deal of public excitement as to the definition of the
boundaries between the powers of the Commonwealth Parliament
and the powers of the State Parliaments. It can hardly be
satisfactory to the people of Australia that in such cases,
however important and far-reaching in their consequences, the
decision of the High Court should be absolutely final. Before
long the necessity for altering the Constitution in this
respect would be felt, and it is better that the Constitution
should be enacted in such a form as to render unnecessary the
somewhat elaborate proceedings which would be required to
amend it."
_Great Britain, Parliamentary Publications
(Papers by Command, April and May, 1900,
Australia—Cd. 124 and 158)._
In reply, the Australian delegates maintained that they had no
authority to amend, in any particular, the instrument which
the people of the several colonies had ratified by their
votes; but the Imperial authorities were inflexible, and the
article 74 was modified in the Act which passed Parliament, on
the 7th of July, 1900, "to constitute the Commonwealth of
Australia," as may be seen by reference to the text, published
elsewhere.
See (in this volume)
CONSTITUTION OF AUSTRALIA.
AUSTRALIA: A. D. 1900.
The question of the Federal Capital.
Public-domain text, read in full here on John Shaqi.
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