The Commonwealth Law Reports: Cases Determined in the High Court of Australia, 6. sējumsLaw Book Company of Australasia Limited, 1909 |
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action agreement alienated appeal applied association ATTORNEY Attorney-General AUSTRALASIA Australia authority bankruptcy BARGER Barton Bayne BREWERY UNION claim Commonwealth Parliament Constitution creditors Crown Crown lands Customs Act 1901 decision declaration defendant discrimination duty effect employed employés enactment entitled exercise fact Federal Parliament fee simple Government of Tasmania grant gratuity Griffith C.J. Higgins High Court imposed industrial dispute intended intestacy invalid Isaacs judgment JUMBUNNA L. E. Bayne labour land lease legislation legislature LIABILITY licence limits manufacture matter MCKAY meaning ment MONWEALTH Morphett O'Connor oleomargarine opinion payment person plaintiffs possession power of taxation PRIVY COUNCIL prohibited provisions purpose question reason referred registered regulate respect respondent Riggall Solicitor South Wales Statute sub-sec Supreme Court term tion Trade Marks Act transfer trust ultra vires UNION OF N.S.W. unlawful unlawfully imported valid Vict Victoria words
Populāri fragmenti
355. lappuse - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
343. lappuse - But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.
316. lappuse - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the legislature intended them as a whole, and...
82. lappuse - This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
532. lappuse - ... and as long as It continues to exist In its present form it speaks not only in the same words, but with the same meaning and intent with which it spoke when it came from the hands of its framers, and was voted on and adopted by the people of the United States.
75. lappuse - To limit this statute in the manner now asked for would be to make a new law, not to enforce an old one. This is no part of our duty.
544. lappuse - When, therefore, Congress undertakes to enact a law, which can only be valid as a regulation of commerce, it is reasonable to expect to find on the face of the law, or from its essential nature, that it is a regulation of commerce with foreign nations, or among the several States, or with the Indian tribes.
75. lappuse - Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.
83. lappuse - If what has been done is legislation within the general scope of the affirmative words which give the power, and if it violates no express condition or restriction by which that power is limited...
83. lappuse - The established courts of justice when a question arises whether the prescribed limits have been exceeded, must of necessity determine that question ; and the only way in which they can properly do so is by looking to the terms of the instrument by which, affirmatively, the legislative powers were created, and by which, negatively, tLey are restricted.