Responsible government in the Dominions: Responsible government in the Dominions

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Multivolume work

Identifikator:: 1892063557

Document type:: Multivolume work

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Deutsche Geschichte

Place of publication:: Berlin

Publisher:: Gaertner

Year of publication:: 1891-

Collection:: Economics Books

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Volume

Identifikator:: 1892073803

URN:: urn:nbn:de:zbw-retromon-236597

Document type:: Volume

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Tonkunst, Bildende Kunst, Dichtung, Weltanschauung

Volume count:: E,1.1902

Place of publication:: Berlin

Publisher:: Gaertner

Year of publication:: 1902

Scope:: XXI, 471 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Tonkunst

Collection:: Economics Books

cHAP. 11] LIMITATION OF LEGISLATION 389 rule might be held to be valid, and yet, on the other hand, the condemnation take place. In the first place, it might be that, to make the power to legislate for territorial waters effective, the ancillary power must be assumed to legislate for a vessel which, having come into the territorial waters, departed thence and came back . again into territorial waters, having endeavoured to evade the law of the country by an action done outside territorial waters. Then again, it was not clear whether or not s. 5 of the Constitution Act applied to the case. Tt is clear from the judgement that the matter was not actually settled by the Court. Moreover, the offence was only complete by entry into port with the seals broken. It may be that the judgement establishes no more than that it was legal for the Commonwealth Parlia- ment to enact that entry with the seals broken should be an offence, though the breaking of the seals took place at sea. This seems to be the interpretation placed on the case by the Government of the Commonwealth, for in their Navigation Bill, to strengthen legislation with regard to the wages pay- able on vessels while engaged in the coasting trade, a clause (s. 288) is proposed under which the wages in question shall not be deemed to have been paid if deductions are made outside Australia, to make up for the higher wages paid while engaged in the coasting trade, and in the notes accom- panying the Bill reference is made to the Peninsular and Oriental case as justifying such legislation. The matter has further been considered in connexion with the question of the expulsion of aliens under the Immigration Act of the Dominion Parliament. It was held in the Court of King’s Bench of Ontario by Mr. Justice Anglin, that such expulsion could not be justified, on the ground that it in- volved extra-territorial legislation, and the legislation of the Dominion was essentially territorial in character. He relied on the case of Macleod, which has been already quoted, and on several other cases, none of which, however, is of equal value to that case. He thought that the expulsion could not take place across the frontier without involving compul- sion bevond the frontier.

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