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

cHAp. 11] LIMITATION OF LEGISLATION 399 is necessary for the proper enforcement of the powers given. In some cases it would be difficult to contend that these powers can be limited to territorial limits in the strict sense of the word. For example, the British North America Act, 1867, provides by s. 91 (7) for the Federation having power to legislate for the peace, order, and good government of Canada in respect of militia, military, and naval service and defence. The Parliament of the Commonwealth of Australia has power under the Constitution, s. 51 (vi), to legislate for the naval and military defence of the Common- wealth. Again, the Parliament of the Union of South Africa has the fullest powers to legislate for the Government of South Africa, and so also in New Zealand and New- foundland. In all these cases the effects of their Acts on military subjects are extended by the Imperial Army Act, 1881, s. 177, to have effect beyond their territorial limits in respect of their own forces, for the Army Act only applies to them where the Colonial Legislature has made no other pro- vision. It would be impossible clearly to confine within territorial limits the effect of these laws; naval defences would be quite ineffectual if the vessels ceased to be under any law when they left the three-mile limit. On the other hand, if they then fell under the Imperial Acts, which is not the case from the wording of these Acts, then the power of legislation given to the Dominions would cease to be a reality. It follows, therefore, that naval defence involves extra-territorial legis- lation, though to what extent it must be difficult to say in view of the absence of authoritative declaration in the Courts. Hitherto, the naval forces of the Colonies, that is to say, of the Australian Colonies, which alone until 1910had in- dependent naval forces, have been forces which have been in part raised under the terms of an Imperial Act, 28 & 29 Vict. ¢. 14, and have therefore been specially provided for by Im- perial legislation. They are now regulated, since the passing of the Defence Acts of the Commonwealth and Canada, by their legislation, and it is impossible to hold that that legislation

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