The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-12-22

The powers exclusively vested in the Com
monwealth Parliament by the Constitution
are few, but the subjects in which that
Parliament has potper 10 make fdus are
numerous. and such laws, when made.
will override any State law which is incon-
sistent with them. Till they are made.
however, a State can continue to legislate
on this subject. We should add that an
Australian State resembles an American
State and differs from a Canadian province
In that the Commonwealth Government
has no veto over State legislation.
II Is further noted that In Canada the
Senators are nominated for life by the
Crown In theory. and in practice by the
Dominion Premier. and are taken from
the several pre- vinces in proportion TO their
population. Australian Senator'S. on the
other hand. are elected. and that by the
same electors as choose members OF the
other Chamber. though, in the case OF
Senators, each State votes as a single con-
s%tituency. Following the American pre-
ccdent. each State. whether large or small,
in population, returns the same number OF
Senators. It Is plain enough that the
Australian Senate thus constituted will be
a more powerful body han the Canadian,
and more nearly resemble that Of our United
States. Another very important differ
ence receives due attention from our author.
In Australia, as in the United States. there
are special provisions for the amendment
Of the Constitution. A law amending the
Constitution must pass both houses, and then
be submitted in each State to the vote Of
the electors. II either house twice rel ects
an amendment proposed by the other.
the fate Of the amendment is TO be decided
by reference to the same electorate: land IL
(Art. 1881 In a majority Of the States. a
majority Of the electors voting approve
the proposed law, and IL a majority Of the
all the electors voting also approve the
proposed law. IL shall be presented to the
Governor General for the Queens assent.
Thus the Imperial Parliament in sanction
ing the Australian Constitution has sur
rendered it's power OF amending that Con-
stitution. while in theory IL retains the
power Of amending the Canadian Con-
stitution. and its formal consent would be
necessary in the latter case.
A fact TO which we have already re-
ferred Ia not overlooked by Mr.. Holland,
namely, that the conferences in which the
Canadian Constitution Of 1887 was prepared
were in constant communication with
representatives of the Imperial Govern
ment and the Colonial Office. The Aus
~tralians o the contrary prepared their
Constitution without asking or receiving
any advice from the home Government.
The decorating colonies acted in every
way as spontaneously as the States which
entered into the American Union, and the
decisions of their representatives were
confirmed in each colony by n direct vote
Of the electorate. The result has been that
the Australian States retain a sphere wider
than that OF the Canadian provinces. For
instance. the Australian Commonwealth
act of 1900 makes it clear that, although
excise Is to be a branch of Commonwealth
revenue, the power Of liquor legislation is
TO remain with the States. Then. again.
the Australians have departed from tho
Canadian precedent in their provision that.
while the Justices of the Federal Supreme
Court and such other Federal courts as
may be hereafter erected. are to be APP
pointed by the Governor General. all other
judicial appointments shall remain will
the State authorities.
In one other cardinal particular the
Australian Commonwealth differs mate
rally from the Dominion Of Canada. We
refer 10 the difference in the respective
relations Of the two confederations TO the
Committee Of the Privy Council.
This matter will he found discussed by
Mr. Holland in another part 81 the volume,
namely. on page Sn-l3 II il well known
that the Judicial COMMITTEE" - the King
Priyy Council, a. re.ulari1cd or i"rmallzed
acts Of the British Parliament. has be-
tho supreme Cuu.t Of appeal Tor
the British Empire outside the United
Kingdom, Just a. the Judicial ami
II tie Eou- 81 u Lords II the supreme tnDu-
nal inside the United Kingdom In 1871
H." question e tie Wlsdlciion of h
Puvy Council wa raised upon the motion
~ some 4 the Australian colonies The
pHNy Council then sent Iu "A memorandum
uy Mr. Chamberlain IN lntrocuc-
Iug the Australian commonwealth till,
Nav ~. 1900 g.. the elect that the appel
.at. jurisdiction II hrr NaJeety ia Council
rA.-t.si for tlc hs,usAf u the colonies.
and nut Fl the mother country. and nat
.ll, uar' ~ the p~esocdtive had always
..-u -aric-ri. ADD va -liil a powerful
~i-rNo-u tho co.luies and IA. crown !
Inc question va again discussed 10 1873.
Naru ,nr supreme court Of Canada was
aud Iu o .ecpnd memorandum
.un pH,y uuucil -aId thAt This possI
las is.u ,arrrit-i fur o~'ntuu-s a. re-
f.Il- aI tts Dependencies - IA" iInpiir.
n tr N.,ri,sgu 300 ,uIu,1l and 10 th4r
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