Die Lehren des Marxismus im Lichte der russischen Revolution

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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:: 1892072033

URN:: urn:nbn:de:zbw-retromon-239036

Document type:: Volume

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

Title:: Neueste Zeit

Volume count:: Abt. 3

Place of publication:: Berlin

Publisher:: Weidmann

Year of publication:: 1907

Scope:: XIV, 516 S.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Erstes Kapitel. Neue Anschauungen von Staat und Gesellschaft

Collection:: Economics Books

742 THE FEDERATIONS AND THE UNION [PART TV Dominion as regards the legislation of the provinces within their own sphere. In 1901 Mr. D. Mills, as Minister of Justice, said in reference to the Ontario Insurance Act 1 Edw. VII. c. 21) -—1 The undersigned conceives that your Excellency’s Govern- ment is not concerned with the policy of this measure. It is no doubt intra vires of the Legislature, and if it be unfair or unjust, or contrary to the principles which ought to govern in dealing with private rights, the constitutional recourse is to the Legislature, and the Acts of the Legislature may be ultimately judged by the people. The undersigned does not consider, therefore, that your Excellency ought to exercise the power of disallowance in such cases. In the same year,speaking with regard to certain ex post facto legislation (1 Edw. VIL. c. 45) of British Columbia. he said :—2 The undersigned bases his refusal to recommend disallow- ance on the fact that the application proceeds upon grounds affecting the substance of the Act with regard to matters undoubtedly within the legislative authority of the province and not affecting any matter of Dominion policy. It is alleged that the statute affects pending litigation and rights existing under previous legislation and grants from the pro- vince. The undersigned considers that such legislation is objectionable in principle, and not justified unless in very exceptional circumstances, but your Excellency’s Govern- ment is not in anywise responsible for the principle of the legislation, and, as has been already stated in the report with regard to an Ontario statute, the proper remedy in such cases lies with the Legislature or its constitutional judges. A year later his successor, Mr. Fitzpatrick, in reporting on the same British Columbia legislation, wrote as follows :—3 It appears that litigation was pending between the Govern- ment and the petitioners at the time of the passing of the Act with regard to the petitioners’ liability to pay these royalties, and no doubt a very strong case is made out by the petitioners in support of the view that the Legislature should have allowed the existing law to operate, and should not have undertaken to legislate so as to diminish or affect existing rights. The undersigned cannot help expressing ! Provincial Legislation, 1901-3, p- 4 (wrongly ascribed to Mr. Fitz- patrick). * Ibid., p. 46. 3 Thid., p. 70.

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