PART III. THE PARLIAMENTS OF 
THE DOMINIONS 
CHAPTER I 
THE POWERS OF DOMINION PARLIAMENTS 
§ 1. THE PLENARY AUTHORITY OF THE PARLIAMENTS 
THE question as to the position of Colonial Parliaments 
was first dealt with in the case of Reg. v. Burah,! which referred 
to the Legislative Council of India, but which enunciated 
principles applicable in their full extent to Colonial Parlia- 
ments. In that case it was stated that the Legislature in 
India was a delegation of the Imperial Parliament, and that 
the maxim delegatus non delegare potest applied to such 
Parliaments. That contention was accepted by the majo- 
rity of the High Court of Calcutta, but was rejected by 
the Privy Council. It had been provided in that case by the 
Legislature that certain special laws which had the effect 
of excluding the jurisdiction of the High Court should apply 
to certain districts specified, and to certain other districts 
if and when the Lieutenant-Governor, by notification in the 
3 App. Cas. 889. The legislative power in every case in the self- 
governing Dominions now rests on Imperial Acts save in the case of 
Newfoundland, where it exists under the Royal Commission of 1832 
authorizing the summoning of a legislature. For Canada and the Pro- 
vinces, see 30 Vict. ¢. 3, ss. 91-5; for the Commonwealth, 63 & 64 Vict. 
2 12, Const. 8. 51 ; for New South Wales, Act No. 32 of 1902, ss. 5-9, 
repeating 18 & 19 Vict. c. 54 ; for Victoria, 18 & 19 Vict. c. 55, sched. 8. 1; 
for Queensland, Act 31 Vict. No. 38, s. 2, repeating the statutory Order 
in Council of June 6, 1859; for Western Australia, 53 & 54 Viet. c. 26, 
sched. 8. 2; for South Australia and Tasmania, 13 & 14 Vict. c. 59, 8. 14 
(the local Acts change the form, not the powers of the Legislature) ; for New 
Zealand, 16 & 16 Vict. ¢. 72. 5. 53; and for the Union of South Africa, 
9 Edw. VIL c. 9, 8. 59. Formerly the constitutions of the Maritime Pro- 
vinces of Canada. and of the four South African Colonies rested on the 
prerogative. 
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