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 391 the territorial limits of Canada, and upon this point alone the decision of the case turned. It was conceded in argument before their Lordships, on the principle of law laid down by this Board in the case of Macleod v. Attorney-General for New South Wales} that the statute must, if possible, be construed as merely intending to authorize the deportation of the alien across the seas to the country whence he came, if he was imported into Canada by sea, or, if he entered from an adjoining country, to authorize his expulsion from Canada across the Canadian frontier into that adjoining country. The judgement of the learned Judge was, in effect, based upon the practical impossibility of expelling an alien from Canada into an adjoining country without such an exercise of extra-territorial constraint of his person by the Canadian officer as the Dominion Parliament could not authorize. No special significance was attached to the word ‘return’. The reasoning of the judgement would apply with equal force if the word used had been expel’ or ‘ deport’ instead of ‘return’. In 1763, Canada and all its dependencies, with the sovereignty, property, and possession, and all other rights which had at any previous time been held or acquired by the Crown of France, were ceded to Great Britain (St. Catherine’s Milling and Lumber Company v. The Queen)? Upon that event the Crown of England became possessed of all legislative and executive powers within the country so ceded to it, and, save so far as it has since parted with these powers by legis- lation, Royal Proclamation, or voluntary grant, it is still possessed of them. One of the rights possessed by the supreme power in every State is the right to refuse to permit an alien to enter that State, to annex what conditions it pleases to the permission to enter it, and to expel or deport from the State, at pleasure, even a friendly alien, especially if it considers his presence in the State opposed to its peace, order, and good government, or to its social or material interests : Vattel, Law of Nations, Book 1. sec. 231; Book IT. sec. 125. The Imperial Government might delegate? those powers to the Governor or the Government of one of the Colonies, either by Royal Proclamation which has the force of a statute (Campbell v. Hall)* or by a statute of the 1 [18911 A. C. 455, at p. 459. 3 14 App. Cas. 46, at p. 53. * This doctrine of delegation is curious and infelicitous ; it is contrary to the general trend of decisions of the Privy Council (see § 1), and is probably merely an unhappy use of language. See Harrison Moore, Commonwealth of Australia,’ pp. 251-5; Keith. Journ. Soc, Comp. Leg.. xi. 237. t 1 Cowner. 204.

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