Characterisation in Federations: Six Countries Compared by Gregory Taylor

By Gregory Taylor

In this paintings Dr. Taylor surveys the federal nations of the area 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 legislation that has grown up round it because the Courts improve methods to reading provisions for the distribution of powers. this allows conclusions to be drawn in regards to the effectiveness of varied structural and interpretative techniques to the distribution of powers inside of federations.

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2 Burton, (1952) 86 CLR 169, 179; Zines, High Court and the Constitution, pp. 41f 73 (1995) 183 CLR 323. 24 2. *^"* Virtually anything could satisfy the "relating to" test. That was not enough, as the Court held. This is clearly right, but it is noticeable that one becomes rather lost for words in saying why this is so once asked to go beyond descriptions such as tenuous, insubstantial, fortuitous, exiguous and so on. This is really inherent in the nature of things: we have few precise ways of measuring the connexion between a law and a descriptive category.

In words which have laid the foundation for more than a century's case law on the scope of the federal power, their Lordships attempted to (de)limit its scope as follows: The words 'regulation of trade and commerce' in their unlimited sense are sufficiently wide, if uncontrolled by the context and other parts of the [Constitution] Act, to include every regulation of trade ranging from political arrangements in regard to trade with foreign governments, requiring the sanction of Parliament, down to minute rules for regulating particular trades.

Who 'had never really departed from the intellectual tradition of the progressives of the 1930s, who saw centralisation as necessary to effective government',^^ began a charge in favour of its revivification. ^^ The chief reason for this is that it has never been forgotten that the "general" limb must not be allowed to swallow up the reservation of internal trade in favour of the provinces. The price of this is, of course, a considerable degree of tension in the 95 Atll2f. 9^ Canadian Indemnity Co.

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