The Canadian Constitution Historically Explained By Annotated Statutes Original

Cover The Canadian Constitution Historically Explained By Annotated Statutes Original
The Canadian Constitution Historically Explained By Annotated Statutes Original
Walter Samuel Scott
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Dvipensing Power.
Collateral with the question of the legislative effect of a proclamation is the question whether laws can be dispensed with by the Crown. There seems to be no doubt that in the middle ages dispensations from the observance of statutes were given and pardons granted before indictment.
In the reign of Richard II. It was bold by the Courts that the King could not dispense with the laws relating to maJa in se.
BILL OF RIGHTS AND ACT OF SETTLEMENT. 207 nor those relating to the rig
...hts of individuals and corporations, but could do so in the case of mala prohibita (offences created by statute). The dispensing power was generally effected by a -non obstante clause, a procedure copied from the Papacy which was in the habit of issuing bulls, " non obstante, any law to the contrary. " A constant struggle, says Taswell Langmead, respecting the exercise of this prerogative seems to have been maintained for centuries between the Crown and the upholders of constitutional freedom, in which sometimes one side prevailed and sometimes the other.

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