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 Parliaments.
 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 majority
 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 selfgoverning
 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 Provinces,
 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 Provinces
 of Canada. and of the four South African Colonies rested on the
prerogative.

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