Compte rendu des travaux de la Chambre Syndicale pendant lʹannée 1926

Responsible government in the Dominions (Vol. 1)

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Monograph

Identifikator:: 1759941719

URN:: urn:nbn:de:zbw-retromon-137382

Document type:: Monograph

Title:: Compte rendu des travaux de la Chambre Syndicale pendant lʹannée 1926

Place of publication:: Marseille

Publisher:: Soc. Anonyme du Sémaphore de Marséille

Year of publication:: 1927

Digitisation:: 2021

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Documents Annexes

Collection:: Economics Books

cuar. I] POWERS OF DOMINION PARLIAMENTS 359 sannot as matters of law be provisions for the peace, order, and good government in the territories to which the statute relates, and further, that if a Court of law should come to the conclusion that a particular enactment was not calculated as a matter of fact and policy to secure peace, order, and good government, they would be entitled to regard any statute directed to these objects, but which the Court should think likely to fail of that effect, as ulira vires and beyond the competence of the Dominion Parliament to enact. Their Lordships are of the opinion that there is not the least colour for such a contention; the words of the statute are apt to authorize the utmost discretion of enactment for the attain- ment of the objects appointed to them. They are words under which the widest departures from criminal procedure have been authorized in Her Majesty’s Indian Empire. Mr. Justice Clark ! raises an interesting question as regards the position of the Colonial Parliaments in delegating their authority. The cases above do not cover all possible cases : they all deal with matters which seem a reasonable: mode of carrying out legislative authority. But could the Parliament of the Commonwealth delegate the power to legislate regard- ing divorce to a committee of persons elected or summoned in some manner? The answer seems clearly to be in the negative, and it is easy to feel that this is correct, but the line might be hard to draw in any given case. The question as to whether the power of a Colonial Parlia- ment is exercised as a delegation of power from the Imperial Parliament was nevertheless raised again before the High Court of the Commonwealth of Australia in 1909, in the case of Baxter v. Ah Way? Tt was there contended by the defendant that s. 52, sub-section (g) of the Customs Act, 1901, which provided that goods, the importation of which should be prohibited by proclamation, should be prohibited imports, was ultra vires. It was a delegation of legislative power by deliberate (cf. Lefroy, Legislative Power in Canada, pp. 210, note 1; 314, note 2),it had apparently no legal effect or difference. ‘Welfare’ and ‘order’ are both subjective, to be judged by the Legislature enacting, not by the Courts. In Australia ‘welfare’ is used in the case of New South Wales, Queensland, South Australia, and Tasmania ; ‘order’ in the Commonwealth and Western Australia ; in Victoria the power is to make laws in all cases. Australian Constitutional Law, pp. 41-51. 3 8 C. L. R. 626.

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