Colonial Laws Validity Act 1865
Encyclopedia
The Colonial Laws Validity Act 1865 (28 & 29 Vict. c. 63) is an Act
of the Parliament of the United Kingdom
. Its long title
is "An Act to remove Doubts as to the Validity of Colonial Laws".
The purpose of the Act was to remove any apparent inconsistency between local (colonial) and British ("imperial") legislation. Thus it confirmed that colonial legislation (provided it had been passed in the proper manner) was to have full effect within the colony, limited only to the extent that it was in contradiction with ("repugnant to") any Act of Parliament that contained powers which extended beyond the boundaries of England to include that colony. This had the effect of strengthening the position of colonial legislatures, while at the same time restating their ultimate subordination to the Westminster
Parliament.
Until the passage of the Act, a number of colonial statutes had been struck down by local judges on the grounds of repugnancy to English laws (whether or not those English laws had been intended by Parliament to be effective in the colony). This had been a particular problem for the government
in South Australia
, where Justice Benjamin Boothby
had struck down local statutes on numerous occasions in the colony's Supreme Court
.
By the mid-1920s it was accepted by the British government that the dominions would have full legislative autonomy. This was given legislative effect in 1931 by the Statute of Westminster
, which repealed the application of the Colonial Laws Validity Act to the dominions (i.e. Canada
, the Irish Free State
, New Zealand
, Newfoundland
, and the Union of South Africa
).
The Statute of Westminster took effect in Australia
in 1942 with the passing of the Statute of Westminster Adoption Act 1942
, with retroactive effect to 3 September 1939, the start of World War II
. The Colonial Laws Validity Act continued to have application in individual Australian states
until the Australia Act
came into effect in 1986.
The Statute of Westminster Adoption Act 1947
adopted the Statute of Westminster in New Zealand.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. Its long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
is "An Act to remove Doubts as to the Validity of Colonial Laws".
The purpose of the Act was to remove any apparent inconsistency between local (colonial) and British ("imperial") legislation. Thus it confirmed that colonial legislation (provided it had been passed in the proper manner) was to have full effect within the colony, limited only to the extent that it was in contradiction with ("repugnant to") any Act of Parliament that contained powers which extended beyond the boundaries of England to include that colony. This had the effect of strengthening the position of colonial legislatures, while at the same time restating their ultimate subordination to the Westminster
Palace of Westminster
The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...
Parliament.
Until the passage of the Act, a number of colonial statutes had been struck down by local judges on the grounds of repugnancy to English laws (whether or not those English laws had been intended by Parliament to be effective in the colony). This had been a particular problem for the government
Government of South Australia
The form of the Government of South Australia is prescribed in its constitution, which dates from 1856, although it has been amended many times since then...
in South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
, where Justice Benjamin Boothby
Benjamin Boothby
Benjamin Boothby was a South Australian colonial judge, who was removed from office for misbehaviour.Boothby was born in Doncaster, Yorkshire. He assisted Sir Thomas Wilde in his electoral campaigns and read in his chambers. He was called to the Bar at Gray's Inn in 1841.In 1853, Boothby was...
had struck down local statutes on numerous occasions in the colony's Supreme Court
Supreme Court of South Australia
The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
.
By the mid-1920s it was accepted by the British government that the dominions would have full legislative autonomy. This was given legislative effect in 1931 by the Statute of Westminster
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
, which repealed the application of the Colonial Laws Validity Act to the dominions (i.e. Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, Newfoundland
Dominion of Newfoundland
The Dominion of Newfoundland was a British Dominion from 1907 to 1949 . The Dominion of Newfoundland was situated in northeastern North America along the Atlantic coast and comprised the island of Newfoundland and Labrador on the continental mainland...
, and the Union of South Africa
Union of South Africa
The Union of South Africa is the historic predecessor to the present-day Republic of South Africa. It came into being on 31 May 1910 with the unification of the previously separate colonies of the Cape, Natal, Transvaal and the Orange Free State...
).
The Statute of Westminster took effect in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
in 1942 with the passing of the Statute of Westminster Adoption Act 1942
Statute of Westminster Adoption Act 1942
The Statute of Westminster Adoption Act 1942 is an Act of the Australian Parliament that formally adopted the Statute of Westminster 1931, an Act of the British Imperial Parliament enabling the legislative independence of the various self-governing Dominions of the British Empire...
, with retroactive effect to 3 September 1939, the start of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. The Colonial Laws Validity Act continued to have application in individual Australian states
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
until the Australia Act
Australia Act 1986
The Australia Act 1986 is the name given to a pair of separate but related pieces of legislation: one an Act of the Commonwealth Parliament of Australia, the other an Act of the Parliament of the United Kingdom...
came into effect in 1986.
The Statute of Westminster Adoption Act 1947
Statute of Westminster Adoption Act 1947
The Statute of Westminster Adoption Act 1947 was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament...
adopted the Statute of Westminster in New Zealand.
External links
- Official text of the Colonial Laws Validity Act 1865, as originally enacted, from the Office of Public Sector InformationOffice of Public Sector InformationThe Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom...
. - The text of the statute
- From Aboriginal Law to Australian Law