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Download e-book for kindle: Characterisation in Federations: Six Countries Compared by Gregory Taylor

By Gregory Taylor

ISBN-10: 3540271910

ISBN-13: 9783540271918

ISBN-10: 3540297944

ISBN-13: 9783540297949

In this paintings Dr. Taylor surveys the federal international locations of the realm and asks how they divide strength one of the constituent devices of the federation. In so doing, he considers not just the formal constitutional textual content, yet, way more importantly, the case legislations that has grown up round it because the Courts strengthen ways to examining provisions for the distribution of powers. this allows conclusions to be drawn in regards to the effectiveness of assorted structural and interpretative methods to the distribution of powers inside of federations.

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In order to understand this, we must anticipate the discussion of characterisation (in the narrow sense) that follows: the Court in characterising the law is looking for the pith and substance of the law, to which its dominant purpose is at the very least an excellent guide. But pith and substance is not everything that could possibly be said about the law concerned, nor is dominant purpose. What the Court is asking us to direct our attention to, therefore, is whether the law in question intrudes so far into provincial areas that its pith and substance becomes a law about those areas.

We have strengthened the General Government. We have given the General Legislature all the great subjects of legislation. We have conferred on them, not only specifically and in detail, all the powers which are incident to sovereignty, but we have [also] expressly declared that all subjects of general interest, not distinctly and exclusively conferred upon the local governments and local legislatures, shall be conferred upon the General Government and Legislature. We have thus avoided that great source of weakness which has been the cause of the disruption of the United States.

6^ O'Sullivan v. NoarlungaMeat (1954) 92 CLR 565, 598. 6^ Brennan J. in Cunliffev. Commonwealth (1994) 182 CLR 272, 322 and BlackshieldAVilliams, Australian Constitutional Law, p. 656, state that this 'aspect' of the external affairs power is purposive. It would be unusual for a power to be only partly purposive, however. d. ^^ Another example is that trading corporations, a subject of federal power (s 51 (xx)), may be protected from others' attempts to injure them by legislation which operates directly on those others rather than on the corporations.

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Characterisation in Federations: Six Countries Compared by Gregory Taylor

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