Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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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

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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

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

ouap.1] POWERS OF DOMINION PARLIAMENTS 357 >f a limited discretion entrusted by the Legislature to per- sons in whom it places confidence, is no uncommon thing ; and in many circumstances it may be highly convenient. The British Constitution book abounds with examples of it, and it cannot be supposed that the Imperial Parliament did not, when constituting the Indian Legislature, contemplate this kind of conditional legislation as within the scope of the legislative powers which it granted. The same principle was also laid down in the case of Hodge v. The Queen. In that case it was held by the Judicial Committee of the Privy Council that the powers possessed by the Provincial Legislatures, under s. 92 of the British North America Act, were not in any sense to be exercised by delegation from, or as agents of the Imperial Parliament, but that they had authority as plenary, and as ample within the limits prescribed, as the Imperial Parliament in the plentitude of its power possessed and could bestow.. Within the area and limits of subjects mentioned in that section, the Provincial Legislatures were supreme and had the same authority as the Imperial Parliament, or the Dominion Parliament would have in like circumstances to bestow on a municipal institution or body of its own creation authority to make by-laws or regulations as to subjects specified in the enactment, and with the object of carrying the enact- ment into operation and effect. It was held that the Ontario Legislature had power to sntrust to a Board of Commissioners, authority to enact regulations in the nature of by-laws and municipal regula- tions of a merely local character for the good government of taverns. The same principle was enunciated once more in the case of Powell v. The Apollo Candle Company? where the question raised was as to the power of the Legislature of New South Wales to delegate to the Executive authority to impose and levy duties. The Supreme Court of New South Wales held that the Legislature could not delegate its powers, but the Privy Council reversed that decision and laid it down that t 9 App. Cas, 117. 3 10 App. Cas. 282.

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