Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

1192 ADMINISTRATION AND LEGISLATION [PART V of containing a suspending clause and treating all British vessels wherever registered alike. S. 735, he considers, enables a Colonial Legislature to repeal clauses of the Act of 1894 which apply to a Colony, and he suggests that unless such repeal is needed, the provisions of s. 735 as to the insertion in the Act of a suspending clause, and the confirma- tion by Order in Council, do not need to be observed. As a matter of fact, the clauses which are now embodied in 38. 735 and 736 of the Act of 1894 were passed to supersede a system of restriction which would have made legislation on the subject in question in the Colonies ultra vires as being repugnant to definite provisions of Imperial laws. Ss. 735 and 736 are really intended to confer powers to deal with Imperial provisions and to repeal them, and therefore they contain provisions to secure that the Imperial Government shall be fully consulted before these wide powers are carried out. Moreover, both these sections are adequate to confer extra-territorial validity on the laws of the Colonies passed onder them, When this is recognized it will be seen that the clauses are at once enabling and restrictive; they give a power to a Colonial Legislature which was greater than it would normally have possessed, but on the other hand they imposed conditions upon the exercise of that power, and these conditions, in view of the great Imperial interests involved, cannot reasonably be held to be unfair or unjust. Nor is it possible to accept the view apparently suggested in a dispatch from Mr. Deakin of June 15, 1908, that the Constitution Act of 1900 implicitly repealed the Merchant Shipping Act of 1894. This principle has been contended for by Canada in respect of copyright, but may be regarded as definitely impossible to be upheld! Moreover, it was admitted in the discussion between the delegates and Mr. Chamberlain in 1900 that the Colonial Laws Validity Act, 1865, must apply to the Commonwealth. It is another and very difficult matter to decide exactly how far the Merchant Shipping Act restricts Colonial legisla- - Cf. ¢ Historicus’s’ letter to The Times, June 1, 1876, where in connexion with merchant shipping this doctrine was definitely refuted.

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