Responsible government in the Dominions: Responsible government in the Dominions

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Monograph

Identifikator:: 834226952

URN:: urn:nbn:de:zbw-retromon-69893

Document type:: Monograph

Author:: Blume, Th. http://d-nb.info/gnd/172736765

Title:: Der Zukunftsstaat und die Lösung der socialen Frage

Place of publication:: Hannover

Publisher:: Meyer

Year of publication:: 1884

Scope:: 1 Online-Ressource (VIII, 118 S)

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

722 THE FEDERATIONS AND THE UNION [PART 1V affect all locally within is as clear! as the lack of power to affect what is without, for, as the doctrine mobilia sequentur personam is not to be taken as depriving the provinces of legislative power over goods inside the province in fact, but outside in law, so also it does not confer upon them a power to affect goods outside the province because a testator is domiciled in the province ;2 Manitoba by Acts, 1910, c. 20, and 1911, c. 26, has recognized this fact and amended its death duties Act so as not to claim to affect property situated out- side Manitoba, but taxes property in Manitoba on a scale determined by the amount outside. There seems to be no real ground for the view expressed by Todd? that under the powers in s. 92 the Provincial Legisla- tures can legislate so as to affect the exclusive powers of the Parliament in 8. 91. The cases merely show that a Provincial Act may deal with matters which might come under Dominion control in a different aspect : in Bennett v. The Pharmaceutical Association of the Province of Quebec * it was held that it was valid to require qualifications on the part of sellers of drugs and medicines, though it might interfere in some degree with the sales of drugs and medicines in the provinces. The principles of interpretation which can be derived from the judgements of the Privy Council are simple, and resolve themselves into the view that the Act must be so interpreted as not to make the provisions contained in it of no effect or directly contradictory. Thus with regard to the reservation to the provinces of civil rights the principle is not to allow the fullest play to these rights and restrict the powers of the Federal Parliament accordingly, which is the view taken by the High Courtof the Commonwealth, but to allow the Federal Parliament full power to regulate the matters entrusted 1 Lefroy, op. cit., pp. 752-70. Cf. Cowan v. Wright, (1876) 23 Gr, 416; Attorney-General of Ontario v. Attorney-General for the Dominion of Canada, [1894] A. C. 189, overruling Clarkson v. The Ontario Bank. 15 0. A. R. 166. at p. 190, * Woodruff v. Attorney-General for Onlario, [1908] A. C. 508; Bank of Toronto v. Lambe, 12 App. Cas. 575, at pp. 584, 585. 3 Parliamentary Government in the British Colonies, p. 436, 4 (1881) 1 Dor. Q. A. 336; ex parte Laveillé, 2 Steph. Dig. 445, at p. 446 Lefroy, op. cit., pp. 456 seq.

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