A Leap in the Dark - A Criticism of the Principles of Home Rule as Illustrated by the - Bill of 1893 by Albert Venn Dicey
page 21 of 237 (08%)
page 21 of 237 (08%)
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British Empire. As a matter of legal theory Parliament has the right to
legislate for any part of the Crown's dominions. Parliament may lawfully impose an income tax upon the inhabitants of New South Wales; it may lawfully abolish the constitution of the Canadian Dominion, just as some years ago it did actually abolish the ancient constitution of Jamaica. But though Parliament does in fact exert a certain, or rather a very uncertain, amount of power throughout the whole Empire, we all know that the Imperial Parliament neither exercises, nor claims to exercise, in a self-governing colony such as New Zealand,[7] that kind of effective authority which Parliament exercises in the United Kingdom. The Cabinet of New Zealand is not appointed at Westminster; the action of a New Zealand Ministry as regards the affairs of New Zealand is not controlled by the English Government. Not a pennyworth of taxation is imposed on the inhabitants of New Zealand, or of any colony whatever, by the Imperial Parliament. Even the imposition of customs, though it has an important bearing on the interest of the Empire, is in a self-governing colony determined by the colonial, and not by the British, Parliament. It is the Parliament of New Zealand, and not the Parliament of England, which governs New Zealand. The Imperial Parliament, though for Imperial purposes it may retain an indefinite supremacy throughout the British Empire, has, as regards self-governing colonies, renounced, for all other than Imperial purposes, executive and legislative functions. To labour this point may savour of pedantry. But the distinction insisted upon, whilst often overlooked, is of extreme importance. We risk being deceived by words. The Imperial Parliament is supreme in the United Kingdom, it is also supreme in New Zealand. But the supremacy of the Imperial Parliament is a misleading expression; it means one thing in the United Kingdom, and another thing in New Zealand or in Canada. In the United Kingdom it means the exercise of real, actual, effective and absolute authority. In New Zealand it means little more than the claim |
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