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Topic: Colonial Laws Validity Act

	Statute of Westminster Adoption Act 1942
		An Act to remove Doubts as to the Validity of certain Commonwealth Legislation, to obviate Delays occurring in its Passage, and to effect certain related purposes, by adopting certain Sections of the Statute of Westminster, 1931, as from the Commencement of the War between His Majesty the King and Germany.
		No Act of Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that that Dominion has requested, and consented to, the enactment thereof.
		The powers conferred by this Act upon the Parliament of Canada or upon the legislatures of the Provinces shall be restricted to the enactment of laws in relation to matters within the competence of the Parliament of Canada, or of any of the legislatures of the Provinces respectively.
	www.statusquo.org /aru_html/html/WestminsterAct.html (1207 words)

	Colonial Laws Validity Act - Wikipedia, the free encyclopedia
		The Colonial Laws Validity Act, 1865 was a statute enacted by the United Kingdom Parliament, in order to remove inconsistency between colonial and imperial legislation.
		While the Act was intended to extend rather to restrict the powers of the colonial legislatures, it reasserted in statutory form the overriding supremacy of the British Parliament.
		In pursuance of this conference recommendation, the Statute of Westminster 1931 repealed the Colonial Laws Validity Act 1865 in its application to the Dominions, and the Australia Act 1986 its application to the Australian States.
	en.wikipedia.org /wiki/Colonial_Laws_Validity_Act (192 words)

	Australia Act 1986
		No Act of the Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to the Commonwealth, to a State or to a Territory as part of the law of the Commonwealth, of the State or of the Territory.
		An Act of the Parliament of a State that has been assented to by the Governor of the State shall not, after the commencement of this Act, be subject to disallowance by Her Majesty, nor shall its operation be suspended pending the signification of Her Majesty's pleasure thereon.
		No law or instrument shall be of any force or effect in so far as it purports to require the reservation of any Bill for an Act of a State for the signification of Her Majesty's pleasure thereon.
	www.statusquo.org /aru_html/html/AustAct.html (1786 words)

	Constitutional history of Australia (Site not responding. Last check: 2007-10-26)
		Finally, the Constitution provided that any law of the Australian Parliament could be disallowed within a year by the British monarch (acting on the advice of British ministers), though this power was never in fact exercised.
		Though this principle was implicit in the Act and in the King's new titles, and came out of a Commonwealth Conference, neither the British government nor the dominion governments seemed initially to grasp its significance.
		The main function of the monarch is to act as head of state and thus provide a stable base for the constitution.
	www.encyclopedia-1.com /c/co/constitutional_history_of_australia.html (1572 words)

	Imperial Conferences - Wikipedia, the free encyclopedia
		The 1907 conference changed the name from "Colonial Conference" and agreed that the meetings should henceforth be regular rather than taking place while overseas statesmen were visiting London for royal occasions (jubilees, coronations).
		The conferences were a key forum for Dominion governments to assert the desire for removing the remaining vestiges of their colonial status.
		The conference of 1930 came to conclusion to remove the legislative supremacy of the British Parliament as it was expressed through the Colonial Laws Validity Act, and recommended a declaratory enactment of the United Kingdom Parliament, passed with the consent of the Dominions.
	en.wikipedia.org /wiki/Imperial_Conferences (217 words)

	THE COMMON LAW CONSTITUTION IN CANADA: RETURN OF LEX NON SCRIPTA AS FUNDAMENTAL LAW (Site not responding. Last check: 2007-10-26)
		Laws of the former type are sometimes described as written laws; laws of the latter type are sometimes described as unwritten laws.
		This common law constitution was a monarchical constitution informed by its feudal origins: by the royal prerogative, the King was head of government, judiciary, and legislature, and, as lord paramount, the King owned all land in the realm and subjects held their lands pursuant to the doctrine of tenures mediately or immediately of the Crown.
		The 'Law of England' was expressed by imperial officials as the source of the limit on colonial legislatures, but the Law of England as the municipal law of England itself had no direct application within the colonies; colonies had legal systems that, although often modelled on English law, were separate and distinct.
	www.utpjournals.com /product/utlj/512/512_walters.html (13919 words)

	Researching Canadian Law (Site not responding. Last check: 2007-10-26)
		The three statutes - the Colonial Laws Validity Act of 1865, the British North America Act of 1867 ("B.N.A. Act"), and the Statute of Westminster of 1931- provided the basic framework for the Canadian constitution.
		For example, criminal laws are enacted by the Parliament of Canada, but the laws are administered mainly in provincial courts.
		Acts passed after 1985 are republished in the supplements with new section numbering conforming to the new Revised Statutes.
	library.law.smu.edu /resguide/canada.htm (1833 words)

	USQUE AD MARE - A History of the Canadian Coast Guard and Marine Services
		This position was widened somewhat by the Colonial Laws Validity Act of 1865 which, to remove unrealistic limitations in the jurisdiction of colonial legislatures, empowered them to make laws even though repugnant to English law, and declared that such would be invalid only to the extent of their conflict with the relevant British act.
		Thus, under the Colonial Laws Validity Act, the legal position remained that statutes in respect of merchant shipping passed by the Parliament of the United Kingdom, whether before or after the constitutional date of 1867, were supreme over repugnant colonial laws.
		Although some of the early legislation was administrative, laws for the safety of rafts and vessels began to appear in the opening years of the nineteenth century.
	www.ccg-gcc.gc.ca /usque-ad-mare/chapter09-01_e.htm (1039 words)

	Articles - Statute of Westminster 1931 (Site not responding. Last check: 2007-10-26)
		The Colonial Laws Validity Act 1865 was repealed in its applications to the dominions.
		No Act of Parliament of the United Kingdom passed after the commencement of this Act shall extend or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that that Dominion has requested, and consented to, the enactment thereof.
		This means, for example, that any change to the Act of Settlement's provisions barring Roman Catholics from the throne or giving male heirs precedence over females would require the unanimous consent of the parliaments of all the other Commonwealth realms if the unity of the Crown is to be retained.
	www.centralairconditioners.net /articles/Statute_of_Westminster (1122 words)

	Volume I 215-216: The Labrador Boundary Dispute Documents
		The term "representative legislature" shall signify any colonial legislature which shall comprise a legislative body of which one half are elected by the inhabitants of the colony.
		An Act of Parliament, or any provision thereof, shall, in construing this Act, 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 Parliament.
		No colonial law shall be or be deemed to have been void or inoperative on the ground of repugnancy to the law of England, unless the same shall be repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.
	www.heritage.nf.ca /law/lab1/labvol1_215.html (246 words)

	[No title]
		Indeed, the body of law to which our argument refers in context of the Australia Act is that 1) the Prerogative is the enabling mechanism by which the colonies themselves were established, and thus forms the matrix of their existence, internuncially bound within their legal fabric.
		The former colonies, whose people were united in the indissoluble Commonwealth, could have been considered no longer to be colonies having become constituent states of the new Commonwealth albeit with constitutional powers identical in content with those formerly existing but now deriving, but subject to its terms, from section 106 of the Constitution.
		The legislature of Queensland remains subject to the various acts of the Imperial Parliament cited in the preamble to the Constitution Act 1867 in regard to the giving and withholding of Her Majesty’s pleasure and the instructions to be conveyed to Governors, as constating instruments.
	www.geocities.com /capitolhill/lobby/5804/HCForm62.html (11182 words)

	Notice of Appeal
		Whether the Queen in Sovereignty of the United Kingdom, within the meaning of Section 2 of the Commonwealth of Australia Constitution Act, 1900, is the Queen for the purpose of exercising the powers conferred by Sections 2, 4 and 126 of the Constitution of the Commonwealth.
		Almon, 1765, are entrenched in the Constitution and Laws of Victoria, by virtue of the application of Section 24 of the Australian Courts Act, 1828, Section 14 of the Australian Constitutions Act, 1850, Sections 106 and 118 of the Constitution of the Commonwealth, and Section 5 of the Commonwealth of Australia Constitution Act, 1900.
		The Master erred in law in proceeding to hear and determine the application for the winding-up order herein, before the Australian Military Tribunal determined whether the Australian Taxation Office is a criminal organisation for the purposes of Article 9 of the Charter of the Australian Military Tribunal.
	www.principalityofcamside.cc /InTheCourts/ATODoc28.htm (1423 words)

	FIJI INDEPENDENCE ACT 1970 (Site not responding. Last check: 2007-10-26)
		The Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of Fiji.
		In section 1(6) of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the word "and" in the last place where it occurs there shall be inserted the word "Fiji".
		In the Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Fiji as it applies to forces raised in Dominions within the meaning of the Statute of Westminster 1931.
	www.ccf.org.fj /publications/constitutions/1970/01x2.shtml (594 words)

	District Court Transcript
		The basic facts of the prosecution case are that during a search of his residence pursuant to the Weapons act on 24 August 2000 the appellant produced to Police a.22 calibre rifle stock.
		A stock is not referred to in the definition of major component part in the act, but the definition is an inclusive, not an exclusive definition.
		The grounds of the appeal relate to a number of arguments advanced by the appellant before the magistrate to the effect that the Weapons Act was an invalid exercise of the legislative of the Parliament and that he is entitled to a trial by jury.
	www.geocities.com /capitolhill/lobby/5804/Districtcourttranscript2.html (1795 words)

	Locking in the GST Rate (Research Note 12 1998-99)
		A State Parliament can legislate to entrench an Act against abrogation by a subsequent legislature by, for example, providing that the Act could only be amended with the support of the people of the State voting at a referendum.
		After granting to colonial legislatures 'full Power to make Laws respecting the Constitution, Powers, and Procedure of such Legislature', section 5 states that such power may only be exercised 'provided that such Laws shall have been passed in such Manner and Form as may from Time to Time be required'.
		An Act could not be entrenched by requiring for its amendment a special majority, say two thirds, of either House of the Parliament.
	www.aph.gov.au /library/Pubs/rn/1998-99/99rn12.htm (1234 words)

	[No title]
		This system was somewhat tempered by the Colonial Laws Validity Act, 1865 which narrowed the assertion of paramountcy to laws of Parliament related to the particular colony, or orders made pursuant to such statutes.
		That the Colonial Laws Validity Act remained an important test of legality is particularly exemplified in Canada: we did not until 1982 remove it as the underpinning for the supremacy of our constitution, the British North America Act, 1867, an Act of the British Parliament extending to this particular colony.
		English law was imposed holus bolus in some of the countries of "settlement" (that is the countries of first European settlement under British rule).
	www.rcs.ca /colloquium/Strayer.doc (4632 words)

	[No title] (Site not responding. Last check: 2007-10-26)
		Section 12(1) and (2) of that Act are in substantially the same terms as sections 2 and 3 of the 1865 Act.
		It provided that colonial laws should be void to the extent in which they were repugnant to an Act of the United Kingdom parliament applicable to that colony, ‘but not otherwise’ (section 2) and that they should not be void or inoperative on the ground of repugnancy to the law of England (section 3).
		This conclusion marches with the cases on the Colonial Laws Validity Act 1865, and I have dealt with that.
	www.zianet.com /tedmorris/dg/queen_v_fco-bancoult.html (12558 words)

	Australian Constitutional History Article, AustralianConstitutionalHistory Information (Site not responding. Last check: 2007-10-26)
		Though this principle was implicit in the Act and in the King's new titles, and came out of a Commonwealth Conference, neitherthe British government nor the dominion governments seemed initially to grasp its significance.
		The Australia Act effectively terminated the ability of theBritish Parliament or Government to make laws for Australia or its States, even at their request; and provided that any law whichwas previously required to be passed by the British Parliament on behalf of Australia could now be passed by Australia and itsStates by themselves.
		Since the Australia Act, the only remaining constitutional link with the United Kingdom (if it is one) is in the person of themonarch (see Queen of Australia).
	www.anoca.org /australia/british/australian_constitutional_history.html (1739 words)

	Page Title
		Between the settlers and the convicts in each of the penal colonies was a marginal population of runaways who had taken to the Bush, and lived by stealing sheep or raiding the remoter homesteads.
		For two years Matthew Brady, 'governor of the ranges', defied the Governor of Hobart Town until he was taken (1826) by a bold pioneer, John Batman, afterwards renowned as the founder of Melbourne.
		He reappeared in imperial history as the 'timid and inert' governor of Upper Canada who brought that province to disaster in 1838, having found that ruling free men was a harder task than ruling prisoners and savages.
	www.faculty.de.gcsu.edu /~jfair/page40.html (1088 words)

	Decolonization BC 59, 72-73 (Site not responding. Last check: 2007-10-26)
		Following the introduction of responsible government in the 1840s and 1850s, the colonies of white settlement asserted increasing control over their own affairs, including commerce and, to a more limited extent, foreign policy.
		Parliament in the Statute of Westminster (1931) repealed the Colonial Laws Validity Act and forbade Britain to legislate for a dominion without its consent.
		Where by the nature of the treaty it is desirable that it should be ratified on behalf of all the Governments of the Empire, the initiating Government may as-sume that a Government which has had full opportunity of indicating its attitude and has made no adverse comments will concur in the ratification of the treaty.
	www.u.arizona.edu /~jakreide/april25.html (3704 words)

	Page Title
		Our destiny is inevitable where we look upon it as that which is woven on the loom of time by a higher Power, or regard it as the reflection of a mighty past, the forecast of a still mightier future." Such language and thought mar the career of a very talented individual.
		While piously optimistic about the future of the Empire and though often pompous and self-important, he was a man of administrative capacity and flexible mind, and took the lead in developing a new concept of colonialism.
		Within colonies armies and police were to operate wherever possible upon concepts of power rather than force; if necessary, as in the case of India, behind a defended frontier held in the almost limited war conditions of containing a challenge from less advanced peoples.
	www.faculty.de.gcsu.edu /~jfair/page74.html (1020 words)

	Colonial Laws Validity Act 1865
		The term “colony” shall in this Act include all of Her Majesty’s possessions abroad in which there shall exist a legislature, as herein-after defined, except the Channel Islands, the Isle of Man.
		An Act of Parliament, or any provision thereof, shall, in construing this Act, 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 Parliament:
		No colonial law shall be or be deemed to have been void or inoperative on the ground of repugnancy to the law of England, unless the same shall be repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.
	www.sba.mod.uk /web_pages/clva865.htm (256 words)

	[No title] (Site not responding. Last check: 2007-10-26)
		The relevant provisions of the Supreme Court Act 1970 (NSW) and the Law Reform (Law and Equity) Act 1972 (NSW) should have been mentioned.
		(b) the enactment of the Imperial Act 9 Geo IV c 83 (Australian Courts Act) which provided that all laws in force in England on 25 July 1828 shall be applied in the administration of justice in the courts of the colony so far as they could be applied.
		(c) the reasons for the enactment of the Colonial Laws Validity Act 1865 and the implications which it had for English law.
	www.law.usyd.edu.au /~library/lawx/mar96/c_legins.txt (416 words)

	Sexuality and the law
		The English Buggery Act of 1533 penalised acts of sodomy with hanging.
		Re-enacted in 1563 by Queen Elizabeth I, the Act became a charter for the criminalisation of sodomy in the British Commonwealth later.
		Another argument of the government is that "law does not run separately from society" and that when Section 377 was brought under the statute, it "responded to the values and mores of the time in Indian society".
	www.lawstudent.in /bcsexualitylaw.htm (1205 words)

	Account of a Declaration: Gloss
		to the reestablishment of lawful authority throughout the same, that neither the magistrates acting in support of the laws, nor any of his Majesty's subjects aiding and assisting them therein, or in the suppression of riots and tumults,.
		Established June 2, 1774, the Qartering Act of 1774 was similar in substance to the
		And be it further enacted by the authority aforesaid that this act, and everything herein contained, shall continue and be in force in all His Majesty's dominions in North America, until March 24, 1776.
	www.leftjustified.org /leftjust/lib/sc/ht/decl/gls3.html (1522 words)

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