By Victor S. MacKinnon
Modem societies, - like equipped societies of all eras, - be afflicted by antithetical aspirations, from competing institutionalizations of that that is fascinating, and that which, even though unwelcome, is inevitable. males sincerely see the benefits of localism, of the self decision of small peoples, of l' amour du chocher uninhibited through imperial sovereign ty. even as males all over 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 power derives from strength ful union. The Swiss, to make sure, have persevered self sustaining no longer due to their strength, yet as a result comfort in their in established lifestyles. In a world-society of titans, there needs to be contributors who're small, revered, self sustaining and unfeared, to be had to be intermediaries. If Switzerland didn't exist, it should were essential to invent her. however the strength facilities are people with the large battalions and the megatons of bombs; either call for nice aggregates. Tomorrow's army strength constitution is calculated within the 1000s of hundreds of thousands of individuals. the area will find the money for just a couple of Switzerlands. The force towards bigness is as inevitable within the fiscal global as in that of harmful machines. financial difficulties within the subsequent century, and within the subsequent after it, would require the centred re assets of the countries; we needs to produce sufficient nutrients for the billions, otherwise billions will struggle opposed to billions.
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Extra resources for Comparative Federalism: A Study in Judicial Interpretation
7 The prohibitory provisions of the federal Canada Temperance Act of 1886 were, however, sustained under the "peace, order, and good Government clause" of S. 91 of the Constitution. g. Toronto Electric Commissioners v. C. 396,412) power under the "peace, order and good government" clause can be exerted only in a situation of national emergency or disaster dimensions. 8  A. C. 348 at 371. 9 Hammer v. S. 251 (1918), overruled in United States v. S. 100 (1941). 5 6 REGULATION OR PROHIBITION II tation on the other - and will be more fully considered later.
419, 441-42 (1827). S. 100 (1890). Supra, Chapter 2, page 17. 26 REGULATION OF INTERSTATE COMMERCE confusion may, for once, be laid at the door of Marshall himself, since, in Brown v. Maryland he blends two elements together and discusses what in operation was really a discriminatory licence tax, (a tax on the act of bringing goods in to the State) in terms more appropriate to property taxation (a tax on the goods themselves). Now in terms of ultimate effect on the economy overall, a distinction between these two categories of taxation may be of no great significance.
21 (r88r) 7 App. Cas. g. -G. tor Canada v. -G. C. ), as regards the Dominion's powers over fisheries. 23 (r88r) 7 App. Cas. at II2. 24 The definition which they were prepared to attempt in 1881, was a limited one for purposes of decision of the case before them, but its restrictiveness coloured the whole subsequent approach to this problem, in its encouragement of local provincial autonomy in trade and commerce matters. The Judicial Committee held that the Dominion Parliament's authority to legislate for the regulation of trade and commerce "does not comprehend the power to regulate by legislation the contracts of a particular business or trade ....