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

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 basically see the benefits of localism, of the self choice of small peoples, of l' amour du chocher uninhibited through imperial sovereign­ ty. even as males far and wide are seeing the transparent necessity of bigness in association of nationwide attempt. while the query is army association not anyone has a lot doubt that power derives from energy­ ful union. The Swiss, to make certain, have persevered autonomous no longer due to their strength, yet a result of comfort in their in­ established life. In a world-society of titans, there needs to be contributors who're small, revered, self reliant and unfeared, on hand to be intermediaries. If Switzerland didn't exist, it can were essential to invent her. however the energy 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 thousands of individuals. the realm will have the funds for just a couple of Switzerlands. The force towards bigness is as inevitable within the monetary international as in that of damaging machines. financial difficulties within the subsequent century, and within the subsequent after it, would require the focused re­ resources of the international locations; we needs to produce enough foodstuff for the billions, in any other case billions will battle opposed to billions.

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L. Rev. 97, 433-34 (r948-5 0). 21 (r88r) 7 App. Cas. g. -G. tor Canada v. -G. C. ), as regards the Dominion's powers over fisheries. 23 (r88r) 7 App. Cas. at II2. 24 The definition which they were prepared to attempt in 1881, was a limited one for purposes of decision of the case before them, but its restrictiveness coloured the whole subsequent approach to this problem, in its encouragement of local provincial autonomy in trade and commerce matters. The Judicial Committee held that the Dominion Parliament's authority to legislate for the regulation of trade and commerce "does not comprehend the power to regulate by legislation the contracts of a particular business or trade ....

Ann. L. Rev. 97, 433-34 (r948-5 0). 21 (r88r) 7 App. Cas. g. -G. tor Canada v. -G. C. ), as regards the Dominion's powers over fisheries. 23 (r88r) 7 App. Cas. at II2. 24 The definition which they were prepared to attempt in 1881, was a limited one for purposes of decision of the case before them, but its restrictiveness coloured the whole subsequent approach to this problem, in its encouragement of local provincial autonomy in trade and commerce matters. The Judicial Committee held that the Dominion Parliament's authority to legislate for the regulation of trade and commerce "does not comprehend the power to regulate by legislation the contracts of a particular business or trade ....

G. jor British Columbia v. C. 357 (tax on felled timber rebated if not exported). Cf. Pennsylvania v. S. 553 (1923), striking down a statute obliging a natural gas pipe line company to satisfy the needs of local consumers first, before exporting any gas, with Thompson v. S. 55, 76 (1937) and Parker v. S. 341, 363-64 (1943) holding that "to prevent waste production may be prorated" (although not on the facts of Thompson). Analogouslv, the Australian High Court in Grannall v. 11,1 arrickville Margarine Pty.

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