Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

CHAP, I] THE DOMINION OF CANADA 671 Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick 94. Notwithstanding anything in this Act, the Parliament of Canada may make Provision for the Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and of the Pro- cedure of all or any of the Courts in those Three Provinces, and from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make Laws in relation to any Matter comprised in any such Act shall, notwith- standing anything in this Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is’ adopted and enacted as Law by the Legislature thereof 1 Agriculture and Immigration 95. In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration 2 into the Province : and it is hereby declared that the Parlia- ment of Canada may from Time to Time make laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces ; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada. The expectations, if they really held them—for 8. 91 (16) seems to show that they realized the prospect of conflict—of the framers of the Act have not been realized. The number of cases which have been raised and decided on the Act is almost appalling, and it is really a serious matter for con- sideration when the advantages of the form of federal govern- ment are considered. Indeed, the complication resulting was one of the main reasons why the framers of the Union of South Africa definitely decided to abandon any idea of having provinces in that country. There is only one really ruling principle of interpretation which has been adopted by the Privy Council in its many 1 This action has never been taken : soe Lefroy, op. cit. pp. 315, note 1, 375, note 2. ! This ower has been practically never successfully exercised.

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