History for ready reference, Volume 7 : $b Recent history (1901 to 1910)Larned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 7 : $b Recent history (1901 to 1910)
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
This communication, transmitted to London, drew from the then
Colonial Secretary, Mr. Chamberlain, an unanswerable reply,
addressed to the Lieutenant-Governor and dated April 15, 1903,
in part as follows:
"Your Ministers contend ‘that the grant of power to the
Commonwealth, notwithstanding the general terms of Section 3
of the Act, is strictly limited to the Departments
transferred, and to matters upon which the Commonwealth
Parliament has power to make laws and has made laws,’ and that
‘in the distribution of legislative and consequently of
executive power, made by the Constitution, all powers not
specifically ceded to the Commonwealth remain in the States.’
"They are unable to agree ‘with the contention that there does
not appear to be anything in the Constitution to justify this
limitation,’ and argue that the validity of any claim of the
Commonwealth to any particular power, should be tested by
enquiring:—Does the Constitution specifically confer the
power?
"The view of the Act which I take is that it is a Constitution
Act, and creates a new political community. It expressly
declares that ‘the people of New South Wales, Victoria, South
Australia, Queensland, and Tasmania, and also, if Her Majesty
is satisfied that the people of Western Australia have agreed
thereto, of Western Australia, shall be united in a Federal
Commonwealth under the name of the Commonwealth of Australia.’
The object and scope of the Act is defined and declared by the
preamble to be to give effect to the agreement of the people
of New South Wales, Victoria, South Australia, Queensland, and
Tasmania 'to unite in one indissoluble Federal Commonwealth
under the Crown of the United Kingdom of Great Britain and
Ireland, and under the Constitution hereby established.’
Public-domain text, read in full here on John Shaqi.
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