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

cHAP.11] LIMITATION OF LEGISLATION 385 subjects ; more than any persons who may be within the jurisdiction of the Colony by any means whatsoever ; and that therefore, if that construction were given to the statute, it would follow as a necessary result that the statute was ultra vires of the Colonial Legislature to pass. Their Lordships are far from suggesting that the Legislature of the Colony did mean to give to themselves so wide a jurisdiction. The more reasonable theory to adopt is that the language was used, subject to the well-known and well-considered limitation, that they were only legislating for those who were actually within their jurisdiction, and within the limits of the Colony. Though some of the expressions which have been quoted are not without some slight ambiguity, it is really clear that the Privy Council were of opinion that the legislation of the Colony must be restricted within its territorial limits, includ- ing, of course, the territorial waters. There are recent colonial cases which entirely bear out this view. The Chief Justice of the High Court of Australia in the case of McKelvie v. Meagher? has expressly asserted the limitation of the jurisdiction of the Parliament of the Commonwealth to the territorial waters of the Common- wealth. Moreover, in a judgement in the case of The Merchant Service Guild of Australasia v. Archibald Currie and Company Proprietary, Limited? the Chief Justice held in the clearest terms that, apart from the effect of s. 5 of the Commonwealth of Australia Constitution Act, the legislation of the Commonwealth was restricted within the three-mile limit. The Chief Justice said: ‘Of course, the jurisdiction ' Contrast Trial of Earl Russell, [1901] A. C. 446, where the Earl was convicted of bigamy because of his marriage in America after an invalid divorce based on an imaginary change of domicile. The judges who advised were all of opinion that there was no substance in the argument for the defence that the Act (24 & 256 Vict. c. 100, s. 57) did not apply to a marriage outside the Dominions. This shows the difference of colonial and Imperial law. * 4G. L. R. 268, at p. 274. Cf. also D’Emden v. Pedder, 1C. L. R. 91, at p. 118 ; Hughes v. Munro, 9C. L. R. 289, at p. 294 (per Griffith C.J.), at p- 297 (per O'Connor J.) ; Keith, Journ. Soc. Comp. Leg., xi. 236, 237. ? 5C.L. R. 737, at pp. 742-4. Sce Commonwealth of Australia Constitution Bill (Wyman, 1900), pp. 142, 150 ; Commonwealth Parliamentary Debates, 1904, pp. 2069 seq.; Harrison Moore, op. cit., pp. 260 seq.; below, pp. 400. 401. 1279 Ne

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