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Section 92 of the Constitution of Australia states that: This provision has been the cornerstone of significant Australian constitutional jurisprudence, which has also been quite complex. As the High Court of Australia observed in ''Cole v Whitfield'': ==Background in the Constitutional Conventions== Before the beginning of the first Constitutional Convention in Sydney in 1891, Sir Henry Parkes originally proposed the following resolution: At the Convention itself, the wording of the resolution that was presented was altered to read: As Parkes said at that Convention, in explaining the nature of his proposal: While the resolution carried, no action was taken on the Convention's proposals because of political changes in New South Wales. The matter was revisited at the 18971898 Convention's first session in Adelaide, where it was promoted by Edmund Barton and adopted as one of the "principal conditions of federation" that "the trade and intercourse between the Federated Colonies, whether by land or sea, shall be absolutely free."〔 In the debates, Alfred Deakin was concerned whether this, together with the proposed Commonwealth power to regulate interstate trade and commerce, would deprive the States of all power to regulate trade even within their own borders, while Isaac Isaacs maintained that the proposal only dealt with the question of border duties between the States. At the Sydney session, Barton intended to amend the proposal, by declaring that "trade and intercourse throughout the Commonwealth is not to be restricted or interfered with by any taxes, charges or imposts" but no decision was taken at that time. At the Melbourne session, Isaac Isaacs took issue with this amendment, declaring that such language would extend beyond interstate trade into intrastate trade, as it was both ambiguous and too general. Other speakers, such as John Downer, felt that such was not the case. An amendment was passed, substituting "between the States" for "throughout the Commonwealth." Towards the end of the session, that phrase was changed to read "among the States," but not without intense debate about the nature of the clause. Barton responded to the criticism thus: The final wording that appeared as s. 92 was adopted towards the end of the Melbourne session. "It was typical of the situation that Sir George Reid, the New South Wales Premier famous for the equivocations on both federation and free trade, should have praised the section as 'a little bit of layman's language.' He was probably the last person to give it any praise." 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Section 92 of the Constitution of Australia」の詳細全文を読む スポンサード リンク
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