Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

Bibliographic data

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

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

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. 1] THE DOMINION OF CANADA 697 Court of the Dominion in 1874, as had been held in cases decided by the Privy Council, that without legislation the Legislature had no power to punish the action of a member of the House of Assembly of Nova Scotia who had charged the Provincial Secretary of the day with having falsified a record, as the only power possessed by a mere legislature other than the Parliament of the United Kingdom was to punish such matters as actually obstructed business. Nova Scotia legislated in 1876 to secure the privileges, and this Act was allowed to remain in operation, the Privy Council 1 deciding in 1896, in a case which had been given against the power of the Legislature by the Lower Courts, that the Act was intra vires. In that case the Legislature had provided for the punishment of contempts such as refusal to attend when summoned by the House, and the plaintiff having refused to attend, had been taken in custody, and released under a writ of habeas corpus, when he proceeded to bring an action for assault and imprisonment. The difficulty which arose was, of course, due to the fact that the Dominion alone has the control of the criminal law, and that the Act purported to make the two Houses in matters of privilege Courts of Record. The Judicial Committee recognized that the Legislature could not set up criminal courts with new powers, but they held that the powers given by s. 92 were ample to cover an Act for the protection of the proceedings of the Legislature. It was true that the action to be punished might also amount to a criminal offence, but that was not relevant, Accordingly the validity of the provincial privilege Acts must be regarded as definitely settled. (n) Naturalization and Aliens The division of powers is also neatly illustrated by the control of the Dominion over naturalization and its relation to the provincial general powers of legislation. Thus the P vy Council? has decided that the ‘British Columbia Provincial Elections Act (Rev. Stat., 1897, c. 67),8. 8 of which on Fielding v Thomas, [1896] A. (L600. See Payson v. Hubert, 348. CB. - Cunninaham v. Tomey Homma, [19031 A, C. 151.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 2)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation