Cases in Constitutional LawClarendon Press, 1928 - 479 sider |
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Side 9
... decided is whether the enactment is intra vires or ultra vires . If the subordinate legisla- ture has kept within the powers delegated to it , its acts are neces- sarily valid . But the limits set to these powers may be so wide that the ...
... decided is whether the enactment is intra vires or ultra vires . If the subordinate legisla- ture has kept within the powers delegated to it , its acts are neces- sarily valid . But the limits set to these powers may be so wide that the ...
Side 10
... decided that Regulation 2 в was ultra vires because it could not be fairly held to aid in securing the public safety or the defence of the realm that a person should be deprived of the full market value of his goods commandeered by the ...
... decided that Regulation 2 в was ultra vires because it could not be fairly held to aid in securing the public safety or the defence of the realm that a person should be deprived of the full market value of his goods commandeered by the ...
Side 23
... decided is whether the occupant is a workman so employed , and the regulation might have been so framed as to make this a good answer to the application for possession , still leaving that question to be decided by a Court of law . But ...
... decided is whether the occupant is a workman so employed , and the regulation might have been so framed as to make this a good answer to the application for possession , still leaving that question to be decided by a Court of law . But ...
Side 35
... decided by the Courts of Common Law . Interference in such matters was usually reserved for cases of emergency . Clearly this was a state of unstable equilibrium . Either the Courts must assert their independence of the King's absolute ...
... decided by the Courts of Common Law . Interference in such matters was usually reserved for cases of emergency . Clearly this was a state of unstable equilibrium . Either the Courts must assert their independence of the King's absolute ...
Side 39
... decided the judgment of Hyde C.J. , which was for the King . The prisoners were accordingly remanded into custody . R. v . HAMPDEN ( THE CASE OF SHIP - MONEY ) , ( 1637 ) 3 St. Tr . 825 In 1634 , Charles I , being in need of a navy for ...
... decided the judgment of Hyde C.J. , which was for the King . The prisoners were accordingly remanded into custody . R. v . HAMPDEN ( THE CASE OF SHIP - MONEY ) , ( 1637 ) 3 St. Tr . 825 In 1634 , Charles I , being in need of a navy for ...
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Act of Parliament action alleged answer apply argument arises Attorney-General authority behalf Board British subject by-laws certiorari claim colony Commissioners committed common law constitutional Court of Appeal courts of justice Courts of Law Crown damages decided decision declaration defendant discretion Dominion duty effect enacted Exchequer executive exercise fact give given Government granted ground habeas corpus House of Commons House of Lords Houses of Parliament immunity issue judge judgment judicial jurisdiction jury Kelantan King King's Bench legislation Legislature letters patent liable Lordships Majesty Majesty's martial law matter ment military necessary nolle prosequi officer opinion ordinary Parlia party person petition of right plaintiff plea Postmaster-General prerogative Prerogative Writs present principle privilege proceedings prohibition purpose question realm reason regulation remedy resolution respect responsible rule Secretary servants shew Sovereign statute statutory sued Suppliant tion tort ultra vires Vict warrant words writ
Populære avsnitt
Side 76 - That the freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of parliament.
Side 456 - 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.
Side 97 - ... that whatever matter arises concerning either house of parliament, ought to be examined, discussed, and adjudged in that house to which it relates, and not elsewhere (u).
Side 441 - Any Colonial Law which is or shall be in any respect repugnant to the Provisions of any Act of Parliament extending to the Colony to which such Law may relate, or repugnant to any Order or Regulation made under Authority of such Act of Parliament, or having in the Colony the Force and Effect of such Act, shall be read subject to such Act, Order or Regulation, and shall, to the Extent of such Repugnancy, but not otherwise, be and remain absolutely void and inoperative.
Side 28 - Surely it is not too much to say that in matters which directly and mainly concern the people of the county, who have the right to choose those whom they think best fitted to represent them in their local government bodies, such representatives may be trusted to understand their own requirements better than judges.
Side 147 - If it is law, it will be found in our books. If it is not to be found there, it is not law. " The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole.
Side 309 - Of the propriety or justice of that act, neither the court below nor the Judicial Committee have the means of forming, or the right of expressing, if they had formed, any opinion. It may have been just or unjust, politic or impolitic, beneficial or injurious, taken as a whole, to those whose interests are affected. These are considerations into which their Lordships cannot enter. It is sufficient to say that, even if a wrong has been done, it is a wrong for which no municipal court of justice can...
Side 145 - THIS was an action of trespass for breaking and entering the plaintiff's close in the town of Mount Washington, and was tried in the Court of Common Pleas, before BYINGTON, J.
Side 45 - The law knows no such king-yoking policy. The law is of itself an old and trusty servant of the King's ; it is his instrument or means which he useth to govern his people by. I never read nor heard that lex was Rex ; but it is common and most true that Rex is lex...
Side 160 - As we have already intimated, in our opinion the proper rule of construction of such statutes is that, in the absence of something to show a contrary intention, the Legislature intends that the body, the creature of the statute, shall have the same duties, and that its funds shall be rendered subject to the same liabilities as the general law would impose on a private person doing the same things.