The Law of the Canadian ConstitutionCarswell Company, limited, 1904 - 450 páginas |
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Página 18
... limits to which they are legally subject . The enforcement by the courts , colonial and British , of the legal limitations upon colonial legislative power is matter of legal notoriety , and there is a no less rigorous enforcement of the ...
... limits to which they are legally subject . The enforcement by the courts , colonial and British , of the legal limitations upon colonial legislative power is matter of legal notoriety , and there is a no less rigorous enforcement of the ...
Página 27
... limits , and re- pugnancy in one portion even would render a whole Act void . To remove these difficulties the Colonial Laws Validity Act , 1865,5 enacts : 4 " II . Any colonial law , which is or shall be repugnant to the provisions of ...
... limits , and re- pugnancy in one portion even would render a whole Act void . To remove these difficulties the Colonial Laws Validity Act , 1865,5 enacts : 4 " II . Any colonial law , which is or shall be repugnant to the provisions of ...
Página 31
... limits of the law which creates it . " - Per Lord Chelmsford . The question was afterwards litigated in Canadian . Courts and the view of Lord Cranworth adopted , that the prohibition against printing or publishing in a colony a work ...
... limits of the law which creates it . " - Per Lord Chelmsford . The question was afterwards litigated in Canadian . Courts and the view of Lord Cranworth adopted , that the prohibition against printing or publishing in a colony a work ...
Página 39
... limits of his authority . " 1 Falkland Islands Co. v . Reg . , 2 Moo . P. C. ( N.S. ) 266 ; Harris v . Davis , 10 App . Cas . 259 ; 54 L. J. P. C. 15 , etc. , etc. 2 In Appendix E will be found a tabulated list of English stat- utes as ...
... limits of his authority . " 1 Falkland Islands Co. v . Reg . , 2 Moo . P. C. ( N.S. ) 266 ; Harris v . Davis , 10 App . Cas . 259 ; 54 L. J. P. C. 15 , etc. , etc. 2 In Appendix E will be found a tabulated list of English stat- utes as ...
Página 57
... limits therein laid down the power cannot extend ; within those limits it is supreme . Speaking of the Jamaica assembly in 1870 , seven judges of the Exche- quer Chamber concurred in this statement : We are satisfied that a confirmed ...
... limits therein laid down the power cannot extend ; within those limits it is supreme . Speaking of the Jamaica assembly in 1870 , seven judges of the Exche- quer Chamber concurred in this statement : We are satisfied that a confirmed ...
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Términos y frases comunes
applicable appointed Atty.-Gen authority B. N. A. Act Bank British Columbia British North America Brunswick Canadian Cart civil rights classes of subjects clause Colonial Laws conferred constitution criminal law Crown Dominion government Dominion legislation Dominion of Canada Dominion parliament effect election enactment enumerated executive exercise extend federal Fisheries force Governor held House of Commons Imperial Act insolvency intra vires judgment jurisdiction justice L. C. Jur lands Lefroy legis Legislative Assembly Legislative Council legislative power Lieutenant-Governor limits Lordships Lower Canada Manitoba matters ment notes Nova Scotia officers parlia parliament of Canada passed person prerogative Prince Edward Island Privy Council property and civil provincial Act provincial legislation provincial legislatures provisions Queen question railway reference regulation relation respect Rupert's Land section 91 Senate Senate of Canada statute taxation thereof tion ubi supra ultra vires union United Kingdom Upper Canada validity vested vince vincial
Pasajes populares
Página 159 - The Management and Sale of the Public Lands belonging to the Province, and of the Timber and Wood thereon.
Página 245 - The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section: 16.
Página 319 - In and for each Province the legislature may exclusively make laws in relation to education, subject and according to the following provisions: 1) Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools which any class of persons have by law in the Province at the union...
Página 358 - ... as far only as the circumstances of each case require, the Parliament of Canada may make remedial laws for the due execution of the provisions of this section, and of any decision of the Governor General in Council under this section.
Página 333 - All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia and New Brunswick at the Union, and all sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same.
Página 159 - Provinces ; and for greater certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated, that is to say : — 1.
Página 406 - Legislature shall, in respect to the colony under its jurisdiction, have and be deemed at all times to have had full power to make laws respecting the constitution powers and procedure of such Legislature: Provided that such laws shall have been passed in such manner and form as may from time to time be required by any Act of Parliament Letters Patent Order in Council or colonial law for the time being in force in the said colony.
Página 159 - The establishment, maintenance, and management of public and reformatory prisons in and for the Province. 7. The establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary institutions in and for the Province, other than marine hospitals.
Página 337 - Where customs duties are at the union leviable on any goods, wares or merchandises in any two provinces, those goods, wares and merchandises may, from and after the union, be imported from one of those provinces into the other of them on proof of payment of the customs duty leviable thereon in the province of exportation, and on payment of such further amount (if any) of customs duty as is leviable thereon in the province of importation.
Página 365 - Canada ; and thereupon it shall be lawful for the Parliament of Canada, from the date aforesaid, to make, ordain and establish within the land and territory so admitted as aforesaid, all such laws, institutions and ordinances, and to constitute such courts and officers, as may be necessary for the peace, order, and good government of Her Majesty's subjects and others therein...