New PDF release: Comparative Federalism: A Study in Judicial Interpretation

By Victor S. MacKinnon

ISBN-10: 940118237X

ISBN-13: 9789401182379

ISBN-10: 9401189102

ISBN-13: 9789401189101

Modem societies, - like prepared 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 sincerely see some great benefits of localism, of the self decision of small peoples, of l' amour du chocher uninhibited by way of imperial sovereign­ ty. even as males all over the place 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 energy derives from energy­ ful union. The Swiss, to make certain, have persisted self sustaining no longer as a result of their strength, yet as a result of comfort in their in­ based lifestyles. In a world-society of titans, there needs to be individuals who're small, revered, autonomous and unfeared, to be had to be intermediaries. If Switzerland didn't exist, it's going to 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 energy constitution is calculated within the thousands of thousands of individuals. the realm will find the money for just a couple of Switzerlands. The force towards bigness is as inevitable within the fiscal international as in that of harmful machines. financial difficulties within the subsequent century, and within the subsequent after it, would require the targeted re­ resources of the countries; we needs to produce sufficient foodstuff for the billions, in any other case billions will battle opposed to billions.

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Extra info for Comparative Federalism: A Study in Judicial Interpretation

Sample text

In Citizens Insurance Co. v. Parsons 31 it was held that the federal commerce power did not extend to the regulation of the contracts of a particular business or trade within a province. In Reference re the Natural Products Marketing Act I934 32 it was further held that: "the regulation of trade and commerce does not comprise, in the sense in which it is used in section 91, the regulation of particular trades or occupations or of a particular kind of business ... or the regulation of trade in particular commodities ...

For the Court in Prudential Insurance Co. v. Beniamin 3 said of the federal commerce power: "Its plenary scope enables Congress not only to promote but also to prohibit interstate commerce ... " In the United States, in broad terms therefore, a parallel power of prohibition has been conceded as well to Congress as to the State legislatures, but not so in Canada and Australia. 1 9 Wheat. I, 197 (1824). A distinction is sometimes drawn between the federal government of the United States on the one hand and those of Canada and Australia on the other, on the basis that the former, at confederation, received delegated powers from collectively independent states or their citizens, whereas Canadian and Australian powers of legislation were conferred by an Imperial Crown.

Cas. at II3. 26 {I883} 9 App. Cas. C. C. ) 29 [d. at 4IO. The reference to "civil rights" relates of course to the power conferred on the Provinces under s. A. " 30 [I957] Can. Sup. Ct. I98, 205. 31 [d. at 2II. 24 25 8 REGULATION OF INTERSTATE COMMERCE products. When in the following year a case arose concerning a federal statute dealing with the same subject matter,32 the approach of the Court was somewhat less expansive. Rand ]. re-phrased his view to say 33 that: "The merchandise was to move between interprovincial points in the flow of goods of an economic and business character and that is sufficient ...

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

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