Title: On the Competence of Colonial Legislatures to Enact Laws in Derogation of Common Liability or Common Right (Classic Reprint)
Publisher: Forgotten Books
Publication Date: 2018
Language: English
ISBN 10: 026693398X
ISBN 13: 9780266933984
Binding: HRD
Condition: New
Weight: 296 grams

About this title

Synopsis

Does colonial law have the power to erase rights or create retroactive punishments?

This book argues that no derivative legislature can enact laws that derogate from common liability or common right, and it tests this rule against real cases from India and the West Indies.

In careful detail, it traces how colonial bodies have been limited by constitutional doctrine and imperial authority. It discusses the rejection of retrospective legislation, the treatment of private Acts, and the constitutional dangers of local legislatures acting beyond their authority. The work weaves together judicial opinions, parliamentary commentary, and historical practice to illuminate why colonial lawmaking has historically faced strict boundaries.

Learn why certain acts are considered private or private-like, and how that affects their reach.
See how courts and governors argued about ex post facto laws and indemnities.
Explore historical case studies from India and the West Indies that shaped colonial legal limits.
Understand how this lineage affects modern views of constitutional authority in colonies.

Ideal for readers of constitutional law, legal history, and scholars interested in how empire shaped local legislatures and their powers.

"About this title" may belong to another edition of this title.

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