A Comparison Between the Federal Constitutions of Canada And Australia Beaucham

Cover A Comparison Between the Federal Constitutions of Canada And Australia Beaucham
A Comparison Between the Federal Constitutions of Canada And Australia Beaucham
Richard Clive Teece
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One effect of the provision may be to enable the Common- wealth Parliament to make provision for the uniformity of laws relative to property and civil rights in the State, in the same way as the Canadian Parliament may. The latter's Acts, however, to be operative in a Province, must be adopted by its Parliament. Further, such legislation if adopted puts the subject thereof vmder the exclusive control of the Dominion. No similar result is entailed in an Australian State by submission to Federal ...legislation.
Another of these powers is that detailed in sub-section 38 of section 51, whereby the Federal Parliament may, with the consent of a State or States, exercise certain powers capable of being exercised in the Commonwealth, but not enumerated among the Federal j)owers, nor yet vested in the State Parliaments.
6. — Before leaving the subject of the powers of the Parliament, we must notice that the powers of all the Legislatures, Federal and Provincial, within the limits prescribed are plenary powers, such as belong to a sovereign Parliament, and not those of a merely delegated body.


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