THE INTER-STATE COMMISSION*

Abstract: The Inter-State Commission (ISC), although required by Australia's Constitution, has been in existence from 1913 to 1920 only. In 1975 the Labor government introduced a bill to set up the Commission. The bill was passed in a heavily amended form, but the legislation was not proclaimed by the incoming coalition government. A brief history of the "first" ISC raises the question of whether the High Court would ever have accepted the regulatory powers that the Labor government wished to invest in the late Commission. The ISC envisaged by the Labor government's bill would have had strong powers of regulation, arbitration and investigation over interstate and overseas transport. The Senate left it with weakened investigative powers only. Our Federal system encourages many government practices which are not in the interests of the community as a whole. However, while the ISC's role in curbing these practices would have been beneficial, the States have shown themselves too powerful politically to accept such policing, even if the High Court had allowed the ISC to do so. The ISC as conceived by Labor's bill would not have been politically viable, but the ISC as provided for in the Act would be worth setting up, as it would have several advantages over existing investigative mechanisms. It would have more experience and competence than ad hoc inquiries, and its continued existence would make it difficult to shelve its reports. Its statutory basis, broader terms of reference and its ability to force organizations to divulge information would all serve to make it a better investigative body than the Bureau of Transport Economics.     

Dualism and the limits of European integration

I should like to express my gratitude to members of the Faculty of Law at the University of Bergen, to whom I presented an earlier version of this paper. I should also like to thank Clare McGlynn for her helpful observations on an earlier draft.     

Book reviews

Computer Law (4th edition) Colin Tapper Longman ISBN CSD 0 582 05932 1 £22.50 PPR 0 582 02491 1 £35.00

Further Computer Contracts M‐T Michèle Rennie Sweet and Maxwell 1989. ISBN 0 421 40330 6

Formalism in AI and Computer Science Philip Leith Ellis Horwood 1990. ISBN 1 3325549 2

Electronically Recorded Evidence ‐ A Guide to the Use of Tape and Video Recordings in Criminal and Civil Proceedings Sybil Sharpe Fourmat Publishing 1989. ISBN 1 85190 071 3

Computer Law Chris Reed(ed) Blackstone Press Limited 1990. ISBN 1 85 431037 2

EDI and American Law: A Practical Guide Benjamin Wright Electronic Data Interchange Association 1989. ISBN 0 96 238750 9

Computer Software Protection and Semiconductor Chips Dr Dirk Schroeder (Butterworth's Current EC Legal Developments Series) 1990. ISBN 0 406 04021 4

Computers and the Law David I Bainbridge (Pitman) 1990. ISBN 0 273 03170 8     

Book reviews

Realism, Idealism and International Politics: A Reinterpretation

By M. Griffiths, Routledge: London, 1992, 206pp(hbk), £35.00

International Conflict Resolution: The US‐USSR and Middle East Cases

By Louis Kriesberg, Yale University Press: 1992.

Deterring Democracy

By Noam Chomsky, Vintage Press, 1992, 439pp £7.99(pbk) ISBN 0–09–913501–9.

Arab Military Industry: Capability, Performance, and Impact

By Yezid Sayigh. Brassey's, London, £38.00/$49.50. ISBN 0–08–041777–9.

The Velvet Revolution: Czechoslovakia 1988–91

By Bernard Wheaton and Zdenek Kavan, Westview Press, 1992.

Peace Without Hiroshima: Secret Action at the Vatican in the Spring of 1945

By Martin S. Quigley. Madison Books: Lanham, Maryland, 1991. 169pp.

Historical Discord in the Nile Valley

By Gabriel R. Warburg, London: Hurst & Company Ltd, 1992, £27.50.

To Loose the Bands of Wickedness: International Intervention in Defence of Human Rights

Nigel Rodley (Ed). Brassey's (UK), 1992. 287pp(HBk). ISBN l‐85753‐()47‐().