[A Leap in the Dark by A.V. Dicey]@TWC D-Link book
A Leap in the Dark

CHAPTER I
3/25

The condition of the army, the management of the police, the misconduct of a judge, the release of a criminal, the omission to arrest a defaulting bankrupt, the pardon of a convicted dynamiter, the execution of a murderer, the interference of the police with a public meeting, or the neglect of the police to check a riot in London, in Skye, or in Tipperary, any matter, great or small, with which the executive is directly or indirectly concerned, is, if it takes place in any part of the United Kingdom, subject to stringent and incessant Parliamentary supervision, and may, at any moment, give rise to debates on which depend the fate of ministries and parties.

If there be such a thing as supreme actual and effective authority, such authority is throughout the whole of the United Kingdom exercised by the Imperial Parliament, not occasionally and in theory, but every day and in the ordinary course of affairs.
This exertion of actual and effective power by the Imperial Parliament throughout the United Kingdom is a totally different thing from the supremacy or sovereignty exercised by Parliament throughout the whole 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.


<<Back  Index  Next>>

D-Link book Top

TWC mobile books