CHAP. 3. Commonwealth Constitutional Relations 457

principles of interpretation which were formerly held in the United
States and was prepared to reject as unconstitutional laws which
were valid if the constitution was interpreted in accordance with
ordinary principles of statutory interpretation. This method of
interpretation was, however, disapproved in the famous Engineers'
Case, Amalgamated Society of Engineers v. Adelaide Steamship Com-
pany Ltd. (1920), 28 C.L.R. 129; J. & Y. 305,1 in which the High
Court rejected the doctrine of the immunity of the Commonwealth
and of the States from undue interference on the part of the other,
and held that the power of the Commonwealth as to industrial dis-
putes included in the natural meanings of the words disputes to
which the Government of a State was party.

The strict statutory interpretation of federal constitutions has, Canada,
especially in Canada, rendered it difficult for the federal Govern-
ment to secure the enactment of national legislation required by the
needs of a great nation under modern conditions. Thus the Privy
Council has been compelled to hold that without provincial con-
currence the Dominion Parliament has no power to pass the neces-
sary legislation to implement an international convention regulating
hours of work,2 or to establish a nation wide scheme of social insur-
ance.3 The decisions aroused criticism of the former right of appeal
from the Supreme Court of Canada to the Judicial Committee. It is
unfortunate that, though the decisions just mentioned may be legally
correct, it is easy to point to inconsistency of principle in the numerous
decisions of the Judicial Committee on the respective powers of the
dominion and provincial legislatures.4

The problem of interpretation is easier in Australia, for, whereas Contrast of
in Canada the problem is one of classifying disputed legislation interpieta-
under two stated heads of power,5 in Australia the task is essentially tlon"
different.6 There is no precise division of functions, but concur-
rent powers are, as far as possible, given to the Commonwealth
and the States. The question is still one of construction; but it is
the construction of one of thirty-nine concurrent powers conferred

1 See W. A. Holman, "Constitutional Relations in Australia," 46 L.Q.R.
502; W. A, Wynes, op. cit.; H. V. Evatt, "Constitutional Interpretation in
Australia," 3 Toronto Law Journal 1.

8 Attorney-General for Canada v. Attorney-General for Ontario, [1937] A.C.
326 (No. 1); J&Y. 256.

• Attorney-General for Canada v. Attorney-General for Ontario, [1937] A.C.
355 (No. 2). This decision was in effect reversed by the British North America
Act, 1940; see p. 453, ante.

1937;
Canada," ____________ ,
pretation of the Canadian Constitution," 1 Toronto Law Journal 284; W. P. M.
Kennedy, "The Interpretation of the British North America Act," 8 C.LJ. 146.
« P. 453, ante.
• P. 455, ante.