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

£10 PARLIAMENTS OF THE DOMINIONS [PART III Colonial Law assented to by the Governor of such Colony, or of any Bill reserved for the Signification of Her Majesty’s Pleasure by the said Governor, shall be prima facie Evidence that the Document so certified is a true Copy of such Law or Bill, and, as the Case may be, that such Law has been duly and properly passed and assented to, or that such Bill has been duly and properly passed and presented to the Governor ; and any Proclamation purporting to be published by Authority of the Governor in any Newspaper in the Uolony to which such Law or Bill shall relate, and signifying Her Majesty’s Disallowance of any such Colonial Law, or Her Majesty’s Assent to any such reserved Bill as aforesaid, shall be prima facie Evidence of such Disallowance or Assent. And whereas Doubts are entertained respecting the Validity of certain Acts enacted or reputed to be enacted by the Legis- lature of South Australia: Be it further enacted as follows : 7. All Laws or reputed Laws enacted or purporting to have been enacted by the said Legislature, or by Persons or Bodies of Persons for the Time being acting as such Legislature, which have received the Assent of Her Majesty in Council, or which have received the Assent of the Governor of the said Colony in the Name and on behalf of Her Majesty, shall be and be deemed to have been valid and effectual from the Date of such Assent for all Purposes whatever ; provided that nothing herein contained shall be deemed to give Effect to any Law or reputed Law which has been disallowed by Her Majesty, or has expired, or has been lawfully repealed, or to prevent the lawful Disallowance or Repeal of anv Law. It will be seen that, comparing the Act with the opinion of the law officers in Judge Boothby’s case, there are two important concessions made as well as removing the doubts which were possible as to the correctness of the views of the law officers : in the first place, the condition of non-repug- nancy to the general principles of English law disappeared for good; then, in the second place, the question of the royal instructions was settled in law as it had been laid down to be by the Secretary of State. In both regards Colonial legisla- tion was rendered less liable to useless criticism and avoidable doubt. On the other hand, the impossibility of the repeal * See, however, Eastern Rand Exploration Co. Ltd. v. Nel and others, [1903] I. 8S. 42: Globe Advertising Co.v. J channesburg Town Council, [1903] T. S. 335.

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