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

car. 111] REPUGNANCY OF COLONIAL LAWS 407 the Act of the old Legislative Council, No. 2, 1855-6. Upon the invalidity of other and subsequent South Australian Acts, some of them intimately connected with the Constitu- tional Act, we have already expressed our opinion on another case submitted to us, and an Imperial Act has been passed to remedy their defects. 9. We understand that the express mention of New South Wales and Van Dieman’s Land in the 29th section of the 13 & 14 Vict. ¢. 59, so far as relates to courts of justice, was or may have been considered to be rendered necessary by Imperial legislation on the subject of the courts of justice of those Colonies previous to the passing of that Act, and that no similar legislation had taken place with respect to courts of justice in South Australia. Under these circumstances we see no reason to doubt the power of the South Australian Legislature to constitute courts of justice. 10. We deem it to be the duty of a single judge in any particular case, generally speaking, to conform his own judgement to the decision on the same point of the Supreme Court of which he is a member. Such is the practice of single judges in the United Kingdom, and a departure from it, unless under extraordinary circumstances, would, as it seems to us, be highly inconvenient. 11. We have already answered this question in the affirma- tive, and would only add that we do not think it expedient to go further in the way of new Imperial legislation than is proposed to be done in the Bill now before Parliament. The unhappy Colony was still to have another experienco of invalidity on the ground of repugnancy, for while the Acts in question were validated, another serious blunder was made with regard to a subsequent Electoral Act of 1861, though reserved, by not seeing that the statutory majorities in the two Houses had been observed as required by s. 34 of the Constitution Act itself. The Acts subsequent to the operation of the Electoral Act were thus all invalid, and required to be validated, and moreover, the judges were inclined to believe that the Legislature could not alter its constitution as a whole.! An attempt was made to settle the question by the passing of the Act 26 & 27 Vict. c. 84.2 But the Act was of See Blackmore, Constitution of South Australia, p. 60. South Australia Parl. Pap., 1863, Nos. 23, 129, 130.

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