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

cmap.11] LIMITATION OF LEGISLATION 393 vires of the Dominion Parliament. The enforcement of the provisions of this section no doubt would not involve extra- territorial constraint, but it would involve the exercise of sovereign powers closely allied to the power of expulsion and based on the same principles. The power of expulsion is in truth but the complement of the power of exclusion. If entry be prohibited it would seem to follow that the Government which has the power to exclude should have the power to expel the alien who enters in opposition to its laws. In Hodge v. The Queen! it was decided that a colonial legislature has within the limits prescribed by the statute which created it ‘an authority as plenary and as ample . . . as the Imperial Parliament in the plenitude of its power possessed and could bestow’. If, therefore, power to expel aliens who had entered Canada against the laws of the Dominion was by this statute given to the Government of the Dominion, as their Lordships think it was, it necessarily follows that the statute has also given them power to impose that extra-territorial constraint which is necessary to enable them to expel those aliens from their borders to the same extent as the Imperial Government could itself have imposed the constraint for a similar purpose had the statute never been passed. Their Lordships therefore think that the decision of Mr. Justice Anglin was wrong, and that the appeal should be allowed, and will so humbly advise His Majesty. Having regard to the arrangement as to costs made with the Attorney-General at the hearing of the petition for special leave to appeal, and to all the circumstances of the case, their Lordships direct the appellant to pay thé costs of the respondents as between solicitor and client. It will be seen that the Privy Council in this case in no wise derogate from the principle of the limits of the legis- lation within the territorial jurisdiction. As a general rule, what they do hold is in substance that the limitation must not be insisted upon in such a manner as to render the grant of legislative power ineffectual. That, it would seem, it is only fair to concede. The case, therefore, does not carry us beyond what is reasonably clear. A difficulty, however, is pre- sented by this case in its relation to the case of Reg. v. Lesley.” That case arose out of a revolution in South America. © 9 App. Cas. 117. 2 (1860) 1 Bell C. C. 220;.29 L. J. M. C. 97.

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