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The Dominions and the United Kingdom

Published online by Cambridge University Press:  16 January 2009

G. Godfrey Phillips
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Extract

The relationship between the Dominions and the Crown and the Imperial Parliament presents questions of great difficulty. At the present time the Dominions are, just as the Colonies, subject to the legal—though not to the political—supremacy of the Imperial Parliament, the Parliament of the United Kingdom. Though this supremacy has for many years not been exercised positively, i.e. by the passing of Acts affecting a Dominion, except at the request of such Dominion, e.g. at the request of Canada to amend the British North America Act, 1867, yet it still exists, inasmuch as there are in force Acts of the Imperial Parliament (especially the Acts creating the Dominion Constitutions) which apply to the Dominions, and the courts would be compelled to hold any Dominion legislation conflicting with such Acts to be inoperative.

Type
Research Article
Information
The Cambridge Law Journal , Volume 4 , Issue 2 , July 1931 , pp. 164 - 173
Copyright
Copyright © Cambridge Law Journal and Contributors 1931

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References

1 This article, which forms a chapter of ‘Constitutional Law,’ by E. C. S. Wade and G. Godfrey Phillips, is reproduced by permission of the publishers, Messrs. Longmans, Green & Co. Ltd.

2 The term ‘Dominion’ is used for Self-Governing Dominion, except where spelt with small ‘d.’

3 Such an appointment has since been made.

4 Other Dominion diplomatic representatives have since been appointed.

4a Imperial Conference, 1926; Summary of Proceedings (1926, Cmd. 2768).

5 Report of the Conference on the Operation of Dominion Legislation and Shipping Legislation, 1929 (1930, Cmd. 3479).

5a Imperial Conference, 1930; Summary of Proceedings (1930, Cmd. 3717).

6 It appears that the proposed changes will not immediately apply to Newfoundland. Newfoundland possesses a Legislature founded on Letters Patent of great antiquity. It is not possible to state precisely the constitutional basis of the relations between Newfoundland and the Imperial Parliament.

7 It is proposed that the Statute shall become operative on December 1, 1931, for such Dominions as approve the proposed changes.

8 See infra.

9 See p. 173, infra.

10 Though these cases are commonly cited in support of the general proposition of the limited powers of Dominion Legislatures, they were both decided on narrower grounds. The limitation depends upon the express or implied words of the Imperial statutes creating the Dominion Legislatures, and not upon any general principle.

11 Through the Dominions Office.

12 Sections 1–8.

13 Cf. Oppenheim's, ‘International Law’ (Longmans) (4th ed.), by McNair, A. D., vol. i, at p. 194.Google Scholar