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

t14 PARLIAMENTS OF THE DOMINIONS [PART III legal difference of opinion on this head. On the other hand, the Canadian Government held, differing from His Majesty’s Government, that the Canadian Parliament had power to repeal any provisions as to copyright enacted prior to 1867, the year in which the British North America Act was passed. Section 91 of that Act empowers the Parliament of Canada to make laws for the peace, order, and good government of Canada in relation to all matters not coming within the classes of subjects assigned by the Act exclusively to the Legis- lature of the Provinces, and for greater certainty, but not so as to restrict the generality of these terms, it is declared that the exclusive legislative authority of the Parliament of Canada sxtends to all matters coming within the classes of subjects thereinafter enumerated, which include as No. 23 copyrights. It was argued by the Government of Canada, in a memo- randum of August 3, 1889, that this section conferred upon the Canadian Parliament the right to legislate as to copy- right without regard to any previous legislation whatsoever, whether passed by the Provincial or Imperial Parliaments, subject only to the Imperial right of disallowance and also to the control by Imperial legislation subsequent to the British North America Act and applicable to Canada.t The interpretation placed by His Majesty’s Government on she terms of the Act of 1867 was quite different ; it was held that that Act conferred upon the Parliament of Canada exclusive powers as against the Provinces of legislation with regard to copyright, but that it did not confer upon Canada any larger power of legislation than the several provincial legislatures wouldhaveenjoyedhad the Actof 1867 never beenpassed. This opinion was expressed at a very early date, on the 7th Novem- ber, 1871, by Sir Roundell Palmer (afterwards Lord Selborne) and Mr. Herschell (afterwards Lord Herschell), who said :— It is abundantly clear that the provision in the Act of the Imperial Legislature, 30 Vict. cap. 3. by which the * Parl. Pap., C. 7783, pp. 5, 6. This doctrine first came to light in Sir J. Thompson's defence of the refusal of Government to disallow the Jesuits’ Estates Act of Quebec (51 & 52 Vict. e. 13); see Canada House of Commons Debates, 1889, pp. 958 seq.

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