By Gregory Taylor
In this paintings Dr. Taylor surveys the federal nations of the area and asks how they divide strength one of the constituent devices of the federation. In so doing, he considers not just the formal constitutional textual content, yet, way more importantly, the case legislation that has grown up round it because the Courts increase ways to reading provisions for the distribution of powers. this permits conclusions to be drawn in regards to the effectiveness of varied structural and interpretative ways to the distribution of powers inside of federations.
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2"* As La Forest, L'Heureux-Dube and Gonthier JJ. put it: This case can equally well be disposed of under Parliament's power to legislate over matters of national concern under the peace, order and good government clause in s 91 of the Constitution Act 1867 [as under the enumerated power over works for the general advantage of Canada (s 91 (29), 92 (10) (c))]. There can surely be no doubt that the production, use and application of atomic energy constitute a matter of national concern. It is predominantly extra-provincial and international in character and implications, and possesses sufficiently distinct and separate characteristics to make it subject to Parliament's residual power.
Secondly, we might also wonder why, if "defence" is a purpose, "taxation", at least, cannot also be - a view which would solve some of the problems just sketched in respect to the taxation power at least. Thirdly, his Honour does not mention powers over persons. Such powers, however, clearly exist. Examples include the federal powers over trading, financial and foreign corporations, aliens and 'the people of any race for whom it is deemed necessary to make special laws' (s 51 (xx), (xix) and (xxvi)).
159. ^^ The best treatment of this is in Zines, High Court and the Constitution, pp. 64-68. 6^ O'Sullivan v. NoarlungaMeat (1954) 92 CLR 565, 598. 6^ Brennan J. in Cunliffev. Commonwealth (1994) 182 CLR 272, 322 and BlackshieldAVilliams, Australian Constitutional Law, p. 656, state that this 'aspect' of the external affairs power is purposive. It would be unusual for a power to be only partly purposive, however. d. ^^ Another example is that trading corporations, a subject of federal power (s 51 (xx)), may be protected from others' attempts to injure them by legislation which operates directly on those others rather than on the corporations.