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

404 PARLIAMENTS OF THE DOMINIONS [PART III Electoral Act, No. 10 of 1856, under which the Legislative Council and House of Assembly were elected should have been reserved under the Imperial Act, 13 & 14 Vict. c. 59, s. 32, and they laid it down that all the Acts passed by these bodies were therefore invalid. Accordingly, an Act, 25 & 26 Vict. c. 11, was hastily passed to validate ex post facto the laws of South Australia. Then various questions were put to the law officers of the Crown and answered by them with great care : the questions and answers were as follows :— L. Is the Supreme Court of South Australia bound, and at liberty to inquire into the validity of an Act passed by the Colonial Legislature, and assented to either by the Queen in Council, or by the Governor in behalf of Her Majesty, and in the case of an Act assented to by the Governor, does the fact that such an Act has, or has not, been left to its operation by Her Majesty make any differ- ance respecting its validity ? 2. Supposing the judge at liberty to pronounce on the validity of a Colonial Act, is he to pronounce such an Act invalid, if its provisions be, in his opinion, inconsistent with those of an Imperial Statute intended by the British Parlia- ment to extend to the Colonies in general, or to South Australia in particular ? 3. Is he to pronounce such an Act invalid, if its provisions be, in his opinion, contrary to the principles of British law which he deems fundamental, as by denying the sovereignty of Her Majesty, by allowing slavery or polygamy, by pro- hibiting Christianity, by authorizing the infliction of punish- ment without trial, or the uncontrolled destruction of aborigines, &c. ? 4. Is he to pronounce such an Act invalid if its provisions oe different from those which are in fact prescribed in respect of the same matter by British statutes in force in England, though not properly to be described as fundamental principles of British law, e. g., if the Colonial Act abolished grand juries, or allowed offences to be tried by a magistrate for which a jury is required in England, or dispensed with the una- nimity of a jury, or varied the numbers of a jury, or altered the laws of evidence or the law of primogeniture, or intro- duced modes of transfering real property unknown to the British law ? 5. If the first of the two preceding questions is to be

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