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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

cuar. 1] POWERS OF DOMINION PARLIAMENTS 363 these minor prerogatives alone were regulated by the local law, and that others could not be so regulated. But the distinction seems to be absolutely without warrant, and the only true doctrine seems to be that the power to affect any prerogative depends on the use of appropriate language in dealing with it : it is probable that any prerogative whatever can be barred by the use of suitable terms in dealing with it. It is of course a question what terms are sufficient to bar the prerogative. Thus it has been held in a series of cases that the prerogative of priority in payment in cases of bankruptcy is existing in Canada ! and Australia 2 generally, but, on the other hand, it has been decided by the Privy Council 8 that it does not exist in Quebec because of the fact that the civil code of that Province expressly provides that there shall be only a preference to the Crown in regard to this matter when special circumstances exist, viz. the insolvent being an officer under obligation to account to the Crown ; and the law of Quebec is, according to the Imperial Act of 1774, the old colonial French law, save as modified by legislation since. But there is no trace in the decision of the Privy Council that they regarded one prerogative as less important than another, or that they accepted the view that the barring of a minor prerogative was other than the barring of a major prerogative; the words barring the general right of the Crown are not expressly set out in the civil code, but that the right is meant to be barred is evident from the express grant of it in one case, and the rule is not that the prerogative can only be barred by express words: it can also be barred by necessary intendment as in this case. t The Queen v. The Bank of Nova Scotia, 11 8. C. R. 1. Cf. [1892] A. C. 437, at p. 441. See above, pp. 145, 146. * New South Wales Taxation Commissioners v. Palmer [1907] A. C. 179; Attorney General of New South Wales v, Curator of Intestate Estates [1907] A. C. 519, * Exchange Bank of Canada v. Reg., 11 App. Cas. 157. Cf. Colonial Government v, Laborde, 1902, Mauritius Decisions, 20 seq., where the same doctrine is applied to Mauritius. There the French law is in force in virtue of the terms of capitulation and allowance by the Crown, not by an Imperial Act as in Quechee, but the fact of such an Act is not in point ; the local law can bind the Crown if it tries to do so.

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