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. 111] REPUGNANCY OF COLONIAL LAWS 411 by the Colonial Parliaments of Imperial statutes was once and for all laid down. There has been, however. some confusion as to the right of a Colonial Parliament to repeal clauses in an Imperial Act, which applied to the Colony not by reason of the Acts being put in force there by the Imperial Parliament by legislation for that place, but because in introducing English law there the statutes of general application were included. An obvious case is the Act 9 Geo. IV c. 83, which introduced English law into New South Wales as far as it was applicable : it has been contested that no local legislation could alter the law intro- duced, but the position is clearly absurd if for no other reason than that the Imperial statute of 1828 expressly contem- plates changes being made by the local Legislature :. it would have indeed been too terrible to suppose that the standard of 1828 was to be the permanent boundary of the legislation of the Colony. But the principle applies more widely still : where the statutes of general application! have been introduced into a Colony by local enactment or by Imperial enactment which contains power of amendment, the fact that the principle is embodied in an Imperial statute makes it no less possible to amend than if it were a part of the common law :? in the case of an Imperial Act applying directly to the Colony the case is quite different: the Imperial Acts could be modified which were introduced by the Act of 1828 whatever their terms; that Act could only be modified by express authority given by it and other Imperial Acts. The distinction seems obvious, yet in a Commonwealth Act, No. 11 of 1909, regarding marine in- surance, the somewhat comic device was adopted to avoid repealing two Imperial Acts (19 Geo. II. c. 37; 28 Geo. III. c. 56) introduced bv the Act of 1828. of declaring bv s. 5 * These are statutes not locally suited only to English conditions. There are several decisions by the Commonwealth as to what statutes were introduced into New South Wales in 1828. See also Attorney-General for New South Wales v. Love, [1898] A. C. 679. * Cf. Vincent v. Ah Yeng, TW. A. L. R. 145; in re Reg. v. Marais, ex parte Marais, [1902] A. C. 51.

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