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

116 PARLIAMENTS OF THE DOMINIONS [PART III decided in 1885, the Privy Council laid down a similar doctrine ; that is to say that the powers conferred upon a Colonial legislature were not in any sense to be exercised by delegation from, or as an agent of, the Imperial Parliament, but within the limits and subject to the areas prescribed by the Imperial Parliament the local legislature was supreme and had the same authority as the Imperial Parliament. These cases were evidently interpreted by Sir John Thomp- son to mean that Colonial Legislatures had the same power as the Imperial Parliament in the sense that they could repeal laws passed by the Imperial Parliament and applying to the Colonies in question. In this connexion it is sufficient to observe that this interpretation would render once and for all absurd the Colonial Laws Validity Act, 1865, which declares that Colonial statutes shall be void and inoperative if they are repugnant to the provisions of any Acts of Parliament extending to the Colonies, or repugnant to the provisions of any law or regulation made under the authority of such Acts and having in such Colony the force and effect of such Acts. Sir John Thompson evidently felt the difficulty of this matter, for he suggests in paragraph 41 of his report that as the British North America Act was passed subsequently to the Colonial Laws Validity Act, it might be argued that it conferred a constitution more liberal than those to which the statute applied. In the alternative he suggested that the repugnancy indicated must exist in relation to some statute passed after the creation of the Colonial Legislature. He argued that if the view taken by the Imperial Government were correct, it would be impossible for the Parliament of Canada to make laws in regard to any of the subjects which were assigned to the Canadian Parliament by the Act of 1867, when such legislation was repugnant to any Imperial legislation which existed previously applicable to these subjects in the Colonies, and he asserted that such Imperial legislation had existed. As a matter of fact, the assertion was, generally speaking, inaccurate, and in point of fact the Imperial legislation applicable to North America had either been expressly

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