Download Comparative Federalism: A Study in Judicial Interpretation by Victor S. MacKinnon PDF

By Victor S. MacKinnon

Modem societies, - like geared up societies of all eras, - be afflicted by antithetical aspirations, from competing institutionalizations of that that's fascinating, and that which, although unwelcome, is inevitable. males essentially see the benefits of localism, of the self choice of small peoples, of l' amour du chocher uninhibited by way of imperial sovereign­ ty. whilst males far and wide are seeing the transparent necessity of bigness in association of nationwide attempt. whilst the query is army association not anyone has a lot doubt that power derives from energy­ ful union. The Swiss, to ensure, have persevered autonomous no longer due to their energy, yet end result of the comfort in their in­ based lifestyles. In a world-society of titans, there needs to be individuals who're small, revered, self reliant and unfeared, to be had to be intermediaries. If Switzerland didn't exist, it'll were essential to invent her. however the strength facilities are people with the large battalions and the megatons of bombs; either call for nice aggregates. Tomorrow's army strength constitution is calculated within the hundreds of thousands of hundreds of thousands of individuals. the area will have enough money just a couple of Switzerlands. The force towards bigness is as inevitable within the monetary international as in that of damaging machines. fiscal difficulties within the subsequent century, and within the subsequent after it, would require the focused re­ assets of the countries; we needs to produce enough meals for the billions, otherwise billions will battle opposed to billions.

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Cowan 17 it was held that if a commodity, compulsorily acquired under a State statute, is acquired for the purpose of preventing it being sent from one State to another, the acquisition is invalid. This case was followed and applied in Peanut Board v. Rockhampton Harbour Board 18 and a like conclusion was reached regarding a similar federal statute in James v. 1 9 The James cases again point up that the use of these two categories, "regulation" as against "prohibition," involves a consideration of the purpose of the legislative acting which is fitted into one or other of them.

S. 90, 104 (1946). C. " 11 What is conceded with one hand is taken back with the other. Thus Dixon J. in Bank of New South Wales v. The Commonwealth 12 states in one breath that: "I cannot think that the essential content of the expression 'trade commerce and intercourse' in s. , IsaacsandStarkeJJ. in W. 6- A. McArthur Ltd. v. " So for example, in O'Sullivan v. ,18 federal regulation of meat processing for export was sustained. The High Court, however, pinned the validity of the regu10 Field Peas j\farketing Board v.

This may be so, but it would seem preferable to view it rather as a different, purposive, approach to the problem. At all events, the approach by way of declaring the flow of commerce to be divisible into separable categories still prevails in Australia. In Grannall v. Marrickville Margarine Pty. 1 4 a New South Wales statute restricting the amount of margarine which might be produced in the State, was sustained on the ground that: "manufacture or production within, or importation into, the Commonwealth is an essential preliminary condition to trade and commerce between the States in merchandise.

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