Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

Bibliographic data

Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

356 PARLIAMENTS OF THE DOMINIONS [PART ITT Calcutta Gazelte, should declare that it should so apply, and it was argued that the power given to the Lieutenant- Governor was ulira vires the Legislative Council of India. In giving the decision of the Judicial Committee, Lord Selborne pointed out that it was left to the Lieutenant- Governor to determine both whether the law should apply and if so when, and he added that legislation which did not fix the period for its own commencement, but left that to be done by an external authority, might with quite as much reason be called incomplete as that which did not itself immediately determine the whole area to which it was to be applied, but left this to be done bv the same external authority. If it was an act of legislation on the part of the external authority, so trusted, to enlarge the area within which a law actually in operation was to be applied, it would seem a fortior: to be an act of legislation to bring the law into operation by fixing the time for its commencement. It had never been doubted that the latter power might be conferred by the Legis- lature upon the Lieutenant-Governor in Council. It was in fact a power continually exercised, and it had never occurred to anv one to dispute it. Lord Selborne went on to say :— Their Lordships think that it is a fallacy to speak of the powers thus conferred upon the Lieutenant-Governor (peculiar as they undoubtedly are) as if when they were exercised the efficacy of the acts done under them would be due to any other legislative authority than that of the Governor-General in Council. Their whole operation is directly and immediately in and by virtue of this Act (22 of 1869) itself. The proper Legislature has exercised its judgement as to place, person, laws, powers ; and the result of that judgement has been to legislate conditionally as to all these things. The conditions having been fulfilled the legislation is now absolute. . Where plenary powers of legislation exist as to particular subjects, whether in an Imperial or in a Provincial Legis- lature, they may in their Lordships’ judgement be well exercised either absolutely or conditionally. Legislation con- ditional on the use of particular powers, or on the exercise

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 1)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation