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 I. Introductory

Collection:: Economics Books

PART I. INTRODUCTORY CHAPTER 1 ORIGIN AND HISTORY OF RESPONSIBLE GOVERNMENT § 1. Tee ORIGIN OF REPRESENTATIVE GOVERNMENT IN 1840, when responsible government may be said to commence, there were prevailing two main principles of law with regard to the position of the British Colonies. In the first place, it was held by the Crown lawyers that it was Dot possible to deprive an Englishman of the inestimable advantages of English law, and that therefore, if he settled in parts abroad which were not under a legitimate foreign Sovereignty, he carried with him so much at least of the English law as was appropriate to the circumstances in which he found himself. But obviously, the mere carrying with him of the provisions of such law would not have been adequate to meet the circumstances of a new Colony. It was impossible to expect the Parliament of England to legislate effectively for distant territories concerning which tt had, and could have, no information, and it was therefore hecessary that there should be passed by some competent authority legislation adapted to the needs of the new Colony. But if an Englishman carried with him English law, it was ® fixed principle of that law in the late sixteenth and the ' 2 P. Will, 75 ; Blankard v. Galdy, 2 Salk, 411; Forbes v. Cochrane; 2B.&C, 463 ; Kielley v. Carson, 4 Moo. P. C. 84; The Falkland Islands Co. v. The Queen, 2 Moo. P. C. (N.8.) 273; Forsyth, Cases and Opinions on Constitutional Law, pp. 18 seq. The ground of the distinction between settled and conquered and ceded colonies as set out in Freeman v. Fairlie (1 Ba, Ind. App. 324) is certainly inaccurate.

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