A Law Treatise On the Constitutional Powers of Parliament And of the Local Legi
A Law Treatise On the Constitutional Powers of Parliament And of the Local Legi
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The dominant power of Parliament is conceded ; but that concession does not amount to the admission, as Mr. Justice Henry, from his wrong point of view, and Justices Taschereau and Gwynne, from theirs, would make it out to be, that thereby the power of the Local Legislatures, was ab initio, " absorbed " — " swallowed up as in a vortex ; destroyed ! " We might pursue the matter from this case a little further. In continuance, recollect, of the same line of argument, which we — not as a politicia...n, but simply as a legal analyst — have fairly placed before our readers, in our honest, and, say, patriotic, effort to re- move the ignorance and uncertainty in which many of the states- men, politicians, judges and lawyers of this Dominion have been so apparently hopelessly involved, in connection with the questions we are considering ; the learned Judicial Committee go on, — " So, ' the raising of money by any mode or system of taxa- tion ' is enumerated among the classes of subjects in section 91 ; but though the description is sufficiently large and general to in- clude 'direct taxation within the Province, in order to the raising of a revenue for Provincial purposes, ' assigned to the Provincial Legislatures by section 92, it, obviously, could not have been in- 118 CANADIAN OONSTITUTIOKAL LAW.
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To quickly assess the difficulty of the text, read a short excerpt:
The dominant power of Parliament is conceded ; but that concession does not amount to the admission, as Mr. Justice Henry, from his wrong point of view, and Justices Taschereau and Gwynne, from theirs, would make it out to be, that thereby the power of the Local Legislatures, was ab initio, " absorbed " — " swallowed up as in a vortex ; destroyed ! " We might pursue the matter from this case a little further. In continuance, recollect, of the same line of argument, which we — not as a politicia...n, but simply as a legal analyst — have fairly placed before our readers, in our honest, and, say, patriotic, effort to re- move the ignorance and uncertainty in which many of the states- men, politicians, judges and lawyers of this Dominion have been so apparently hopelessly involved, in connection with the questions we are considering ; the learned Judicial Committee go on, — " So, ' the raising of money by any mode or system of taxa- tion ' is enumerated among the classes of subjects in section 91 ; but though the description is sufficiently large and general to in- clude 'direct taxation within the Province, in order to the raising of a revenue for Provincial purposes, ' assigned to the Provincial Legislatures by section 92, it, obviously, could not have been in- 118 CANADIAN OONSTITUTIOKAL LAW.
What to read after A Law Treatise On the Constitutional Powers of Parliament And of the Local Legi?
You can find similar books in the "Read Also" column, or choose other free books by Jeremiah Travis to read onlineMoreLess
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