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

1206 ADMINISTRATION AND LEGISLATION [part Vv payable to him under the articles and the wages current at the time in the coasting trade of New Zealand. It is difficult to see how direct repeal of a provision of an Imperial Statute differs substantially from the power claimed for the Dominion Parliament by the majority of the Court. It is clear that the intention of the section of the Imperial Act in question is that a seaman shall be entitled normally only to sue for wages in the United Kingdom, and the wages in question are clearly those stipulated for in his agreement. To give him the right to higher wages during a portion of his service, and to enable him to sue for the difference between his ordinary wages and the higher wages, is in everything but form to alter substantially the section of the Imperial Act. It is a difficult question why the majority of the Court were not content to hold that the power to regulate the coasting trade was sufficiently wide to enable the Parlia- ment to repeal provisions of the Imperial Act which would otherwise normally apply. It may indeed be doubtful as a matter of history whether in giving in 1869 to Colonial Parliaments the power to regulate the coasting trade it was meant to do more than confer upon the Parliaments the right of opening or closing that trade to such vessels as they thought fit ; but the Act must be read not with regard to the original intention of the clause, but to the effect of the wording, and the power to regulate the coasting trade as given in the Act of 1894 (s. 736) is so widely expressed that it seems clear that it must extend to repealing provisions of the Imperial Act which would otherwise be inconsistent with the local legislation. Tf this were not the case the power to regulate the coasting trade which has been conceded by the Imperial Government as belonging to the Parliaments of the Dominions would become little more than meaningless, and it would seem simpler to place on the power of regulating a wider meaning than to accomplish the same result by ingenious efforts to reconcile the provisions of the Dominion and the Imperial legislation. It must also be remarked that in the case in question the

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