The Law of the Canadian Constitution |
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Página 40
Archibald has said ( d ) in reference to the constitution of Nova Scotia is clearly applicable to the other maritime provinces : " No formal charter or constitution ever was conferred , either on the province of Nova Scotia or upon Cape ...
Archibald has said ( d ) in reference to the constitution of Nova Scotia is clearly applicable to the other maritime provinces : " No formal charter or constitution ever was conferred , either on the province of Nova Scotia or upon Cape ...
Página 51
... or authorities ”the draftsman was certainly exhaustive in his phraseology --and what has just been said as to the sections dealing with the powers , authorities and functions of the executive head , is equally applicable to sec .
... or authorities ”the draftsman was certainly exhaustive in his phraseology --and what has just been said as to the sections dealing with the powers , authorities and functions of the executive head , is equally applicable to sec .
Página 57
63 , provides the canon of construction— “ An Act of parliament or any provision thereof shall be said to extend to any colony , when it is made applicable to such colony by the express words or necessary intendment of any Act of ...
63 , provides the canon of construction— “ An Act of parliament or any provision thereof shall be said to extend to any colony , when it is made applicable to such colony by the express words or necessary intendment of any Act of ...
Página 58
We are now dealing with Acts of the Imperial parliament , which , when passed , were , by " express words or necessary intendment , " made applicable to our colony . The former question will be found treated in subsequent pages ; but it ...
We are now dealing with Acts of the Imperial parliament , which , when passed , were , by " express words or necessary intendment , " made applicable to our colony . The former question will be found treated in subsequent pages ; but it ...
Página 60
... to an Imperial statute , or order made by authority of such statute , applicable to the colony by express words or necessary intendment ; and that , so far as such repugnancy extends , and no further , the colonial Act is void .
... to an Imperial statute , or order made by authority of such statute , applicable to the colony by express words or necessary intendment ; and that , so far as such repugnancy extends , and no further , the colonial Act is void .
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alter ante appear applicable appointed arising Assembly authority B. N. A. Act Bank body British Brunswick chapter civil classes colonial Committee common conferred connection considered constitution courts criminal Crown decision determined division Dominion parliament duties effect election enactment England English established executive exercise existing expressed extent federal force further give given Governor Governor-General grant held House Imperial interest judges judgment Judicial jurisdiction Justice lands legislation license Lieutenant-Governor limited matters meaning ment municipal nature necessary notes Nova Scotia Ontario opinion Order in Council parliament of Canada passed person position prerogative principle Privy Council proper province provincial legislature provisions Quebec Queen question reason reference regard regulation relation respect rule schools section 92 Senate statute sub-section Territories tion Union United Upper validity various