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

CHAPTER II THE TERRITORIAL LIMITATION OF DOMINION LEGISLATION § 1. THE NATURE OF THE LIMITATION T'ue power given to Dominion Parliaments to legislate is in all cases now for the peace, order (welfare), and good govern- ment of the Dominion in question. In the case of Queensland the intention is made more clear by the express use of the word ‘ within’ in the power given to legislate ;! but this exact wording is unusual. No deduction can therefore be drawn from the fact that the word within ’ is not expressed in the other cases, for the whole history of the matter shows that the territorial limitation has existed throughout. | In granting powers of legislation to the Colonies, it is obvious that nothing but chaos would result if each Colony could legislate without regard to the limits of the Colony. The Imperial Parliament can legislate for any part of the world over which it chooses to legislate? subject to the possibility of it being unable to enforce the laws beyond the limits of its own territory, but to claim for the Colonies a similar power of legislation would end in hopeless confusion. This view has repeatedly been asserted by the law officers of the Crown. For example, with reference to British Guiana, they advised in February 1855:% ‘ We conceive that a Colonial Legislature cannot legally exercise its jurisdiction beyond its territorial limits—three miles from the shore— or at the utmost can only do this over persons domiciled in the Colony who may offend against its ordinances, even ' See 31 Vict. No. 38, s. 2; in Victoria, see 18 & 19 Vict. c. 55, sched. s. 1 where ‘peace’ &c. do not occur ; in the Canadian Provinces, 30 Vict. c. 3,8. 92, * Trial of Barl Russell, [1901] A. C. 446, * Forsyth, Cases and Opinions on Constitutional Law, Pp. 24, 25, 217-38, Cf. Jenkyns, British Rule and Jurisdiction beyond the Seas, p. 70; Ewart, Kingdom of Canada, p. 10,

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