THE CONSTITUTION OF AUSTRALIA

Evening Post, Volume CII, Issue 40, 16 August 1921, Page 8

THE CONSTITUTION OF AUSTRALIA

STATE POWERS CURTAILED.

(FROM OUR OWN CORRESPONDS!*!.) SYDNEY, 10th August. A sensation has been caused in political circles by a curtailment of the power of the six States in favour of the Commonwealth, which is involved in a judgment of the High Court of Australia. It establishes the principal that the Commonwealth within the sphere of its constitutional' , activities, possesses supreme legislative and executive authority over the States. Thus the doctrine, which for years now has agitated the minds of distinguished constitutional authorities, that neither the States nor the Commonwealth possessed authority over the instrumentalities of the other, has been definitely upset, in so far as the power of the Commonwealth is concerned. The effect of the decision, which was, referred to by the Chief Justice, Sir Adrian Knox, as being probably the most important that the Court, as at present constituted, had given,, fundamentally affects the authority of the. Commonwealth over the States, and invests it with power, hitherto denied to it utider a previous decision, to arbitrate in regard to State Public servants and otherwise to exercise a supreme executive and legislative authority over the States. In judgments which were given by the High Court shortly after the establishment of the Commonwealth, the principle was established that neither the States nor the Commonwealth could interfere with the instrumentalities of the other, and this has been the basis of the relations between the State and Commonwealth Legislatures for years, bvit under the new judgment the restrictions upon the powers of the States remain, whereas those upon the Commonwealth are removed, and it can control wages and conditions in the State Public services and otherwise exercise far-reaching powers hitherto denied to it; the significance' of this is manifest when it is remembered that the strongest political conflict has frequently existed between one or other of the States and the Commonwealth. There can be no appeal to the -Privy Council, as under a special provision of the constitution such a step is contingent upon the issue of a certificate by the High Court, and this has been refused, v