The Constitution of Canada

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Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XIX. Division of legislative power

Collection:: Economics Books

IMPLIED POWERS. 227 colony to which such law may relate, or repugnant to any order or regulation made under authority of such Act of Parliament, or having in the colony the force and effect of such Act, shall be read subject to such Act, order or regula- tion, and shall to the extent of such repugnancy ” be void. In the case of The Farewell the judge of the Quebec Vice- Admiralty Court applied the above statute, and held that a clause of the Merchant Shipping Act of 1854 superseded the Dominion Pilotage Act of 1873. 8. The provincial Legislatures “are in no sense delegates asl of or acting under any mandate from the Imperial Parliament. tures When the British North America Act enacted that there jithin should be a Legislature for Ontario, and that its Legislative re Assembly should have exclusive authority to make laws for power. the province and for provincial purposes in relation to the matters enumerated in sect. 92, it conferred powers not in any sense to be exercised by delegation from or as agents of the Imperial Parliament, but authority as plenary and as ample within the limits prescribed by sect. 92 as the Imperial Parliament in the plenitude of its power possessed and could bestow. Within these limits of subjects and area the local Legislature is supreme, and has the same authority as the Imperial Parliament or the Parliament of the Dominion would have had under like circumstances to con- fide to a municipal institution or body of its own creation authority to make by-laws or resolutions as to subjects specified in the enactment, and with the object of carrying the enactment into operation and effect” 4. Power to legislate on a particular subject implies the Implied right to legislate on incidental subjects necessary to an exer- fr sise of such power. tion. “We consider as a proper rule of interpretation in all these cases that when a power is given either to the { 7 Quebec L. R. 380, 2 Cart. 378. ! P. C. in Hodge v. The Queen, L. R. 9 App. Cases, at p. 132. 15—2

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