Responsible Government in the Dominions volume 2

Cover Responsible Government in the Dominions volume 2
Responsible Government in the Dominions volume 2
Arthur Berriedale Keith
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27 of that year. 3 Act No. 1 of that year.
4 Cf. Harrison Moore, op. Cit. , pp. 295 seq.
CHAP, ii] THE COMMONWEALTH OF AUSTRALIA 793 assertion of the resolve of the Colonies to unite in one indis- soluble federal Commonwealth under the Crown of Great Britain, and s. 8 of the converting Act makes the Common- wealth one Colony for the purpose of the Colonial Boundaries Act, 1895, but there is little else of this sort.
An interesting question arises as to the law of the Common- wealth as a whole a
...s distinct from the laws of the several states. Is there a common law of the Commonwealth ? The answer appears clearly to be as suggested by Mr. Justice Clark, 1 that there is no such common law save in so far as the prerogatives of the Crown are concerned. Even without legislation, and the provisions in the Constitution, ss. 2 and 61, are declaratory only, the Executive Government of the Com- monwealth would have vested in the Crown, and therefore the whole of the common law which regulates the preroga- tives of the Crown is in force in the Commonwealth.

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