Aperçu des moyens directs et indirects mis dans les divers pays à la disposition des acheteurs étrangers pour s'assurer de la qualité des marchandises dont ils deviennent acquéreurs dans ces pays

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Monograph

Identifikator:: 1830545698

URN:: urn:nbn:de:zbw-retromon-222059

Document type:: Monograph

Title:: Aperçu des moyens directs et indirects mis dans les divers pays à la disposition des acheteurs étrangers pour s'assurer de la qualité des marchandises dont ils deviennent acquéreurs dans ces pays

Place of publication:: Genève

Publisher:: Societé des nations

Year of publication:: 1930

Scope:: 154 S.

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Canada

Collection:: Economics Books

CHAPTER III REPUGNANCY OF COLONTAL LAWS THE second great ground on which Colonial legislation may be invalid is that of repugnancy to English law. The rule used always to be that an Act of a Colonial legis- lature must not be repugnant to English law? and the exact force of this term was wrapped in decent obscurity : few cases ever rose upon the point, and they were easily disposed of. But the whole question received a new impor- tance when Mr. Benjamin Boothby was appointed a judge of the Supreme Court of South Australia. He promptly began to enunciate a series of doctrines which, though in part neutralized by the presence in the Colony of two other judges who did not in all points agree with him, were very awkward for all concerned in the administration of justice. Eventually the two Houses of the Parliament passed, as required by the Constitution Act, addresses for his removal, and the matter thus came before the Secretary of State for the Colonies. The judge’s views 2 are interesting because they show the high-water mark of distrust of Colonial law. He asserted that the Court was called upon to examine into the validity of the Acts which it was required to interpret : the Select Committee of the Legislative Council which examined him to ascertain his views differed from him in this regard, but the Select ' The Constitution of New Zealand still contains this formal rule (15 & 16 Vict. c. 72, s. 53), and as regards South Australia and Tasmania, see 13 & 14 Viet. c. 59,8. 14. Cf. Bank of Australasia v. Nias, 16 Q. B. 717. * Parl. Pap., August 1862. An Act, 6 Vict. c. 22, gave power to Colonial egislatures to pass laws regarding the admission of evidence of persons who sould not take a Christian oath, but this was not considered a ground for admitting the validity of a law of Hong Kong in 1857 altering the law regarding perjury ; Forsyth. Cases and Opinions on Constitutional Law, n. 23,

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