A STATE’S POWERS

Hokitika Guardian, 18 May 1932, Page 2

A STATE’S POWERS

CONSTITUTION OF N.S.W

BRITISH GOVERNMENT’S VIEW

LONDON, April 29. Arguing before the Privy Council today that the self-governing colonies had been given lull powers to alter their constitutions aw they thought fit, the Attoruey-OeiieraI, Sir Thomas Jn•skipp, concluded by declaring that the committee must come to the conclusion that the New South Wales Legislature had the power to say that -its powers should be exercised with the assistance of, or subject to, control by referendum.

Sir Thomas yaid the interests he deemed it his duty to hear in mind were tlm-e of the Brit'sh Government the Legislature a® they would be affected, according to which side succeeded in the ease.

Mr Mnughan, when reaching mo crux of his arguments lor the respond dents, had suggested that if the appellants were right it might be necessary to ayk the British Parliament at. some stage to assist the people of New South Wales in determining their constitution.

IMPERIAL INTERVENTION

His concern was to observe the results of the two Imperial statutes of 1855 and 1865 ami to consider the possible consequences of those statutes, hearing in mind the possible consequences of their Lordship’s decision, Now, after an era of great constitutional development in the Empire it wouhl inot be an easy project to accomplish if the Legislature of the United Kingdom were asked to intervene in a matter concerning the constitution under which the people of New South Wales should live.

Lord Blanesburgli: lam not sure that you arc not in danger from -both side.?. I am not sure that you would find safety in accepting the ca.se for one .side rather than the other.

vSir Thomas Inskip: I don’t have to take sid'es. I am only suggesting a constitutional possibility that may

arise. 'Sir Thomas added that he was unable to foresee the possibility of intervention by the British Parliament being sought in the event of the, respondents succeeding. ■ If the eventuality he suggested should come about and the Imperial Parliament be asked to intervene it might bring into the same region j with which the Commonwealth, had to I deal. It might not merely be a matter ' concerning New South Wales, but might well concern the Common- ! wealth’s Legislature and duty. I The statute; of 1855 made it clear that New South Wales had been given a constitution whereby it was empowed, within certain limits, to alter the constitution. For that reason, it might ho more necessary to see, what was the real result of the interpretation of the statutes of 1855 and 1805. The words, “Laws for the peace, welfare l and good government of the said colony,” were very familiar. They appeared in nearly all the statutes of the Imperial Parliament in according constitutions to States, He believed that the words had been framed to give the States the widest possible power within their ambit, and they repeatedly had been given ft very liberal 'interpretation by the Privy Council. “All I will sav at this stage.” he added, “is that the New South Wales Legislature had ample, power to alter, as it thought fit, the constitution entrusted to it ”