The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
“(_a_) Lines of steam or other ships, railways, canals,
telegraphs, and other works and undertakings connecting the
province with any other or others of the provinces, or extending
beyond the limits of the province.
“(_b_) Lines of steam ships between the province and any British
or foreign country.
“(_c_) Such works as, although wholly situate within the province,
are before or after their execution declared by the Parliament of
Canada to be for the general advantage of Canada or for the
advantage of two or more of the provinces.”
The incorporation of companies with provincial objects; marriage
and property and civil rights in the province;
The administration of justice in the province, civil and criminal
jurisdiction, together with the imposition of punishment by fine,
penalty, or imprisonment, and generally all matters of a merely
local or private nature.
Subsequent paragraphs provide that the provincial legislatures may
exclusively make laws in relation to education, provide for uniformity of
laws in certain provinces, and also deal with agriculture and immigration,
with the proviso, however, that such laws shall have effect only so long
and as far as they are not repugnant to any Act of the Canadian
Parliament.
In the case of the Australian Commonwealth, it is the powers of the
Central Parliament that are strictly defined and restricted, contrary to
the course followed in the Canadian Constitution. As an indication of the
powers left to the State Parliaments it may be well to specify the powers
of the Central Parliament as set forth in the Constitution Act, Paragraphs
51 and 52:
Trade and commerce with other countries, and among the States;
taxation; bounties; borrowing money; postal, telegraphic,
telephonic, and other like services; naval and military defence;
lighthouses, &c.; astronomical and meteorological observations;
quarantine, fisheries, census and statistics; currency, coinage
and legal tender; banking, other than State banking; insurance;
weights and measures; bills of exchange and promissory notes;
bankruptcy and insolvency; copyright, patents and trade marks;
naturalisation and aliens; foreign corporations, and trading or
financial corporations within the Commonwealth; marriage and
divorce; invalid and old-age pensions; the service and execution
throughout the Commonwealth of the civil and criminal process, and
the judgments of the courts of the States; the recognition
throughout the Commonwealth of the laws and judicial proceedings
of the States; immigration and emigration; the influx of
criminals; external affairs; control of railways for naval and
military transport; the acquisition, with the consent of a State,
of railways of the State; railway construction and extension;
conciliation and arbitration in industrial disputes extending
beyond the limits of any State; etc.
Public-domain text, read in full here on John Shaqi.
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