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Reserved powers doctrine
The reserved powers doctrine was a principle used in the interpretation of the Constitution of Australia. It adopted a restrictive approach to the interpretation of the specific powers of the Federal Parliament in order to preserve the residual powers of the States. The doctrine was abandoned by the High Court in 1920 in the ''Engineers' Case''.
==History==
In the first two decades of its existence, the High Court adopted a doctrine of "reserved State powers" combined with "implied inter-governmental immunities". The essence of the first part of the doctrine was that grants of power to the Commonwealth in the Constitution should be read in a restrictive way so as to preserve as much autonomy as possible for the States.〔See, e.g., R v Barger () HCA 43 (AustLII )〕 The essence of the second part of the doctrine was that the Commonwealth and States were immune to each other's laws, and could not mutually regulate each other's governmental apparatus: for instance, they could not tax the wages of each other's employees or force each other's employees to submit to compulsory industrial arbitration.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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