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Line 30: The '''Colonial Laws Validity Act 1865'''{{notetag\|The citation of this Act by this [[short title]] was authorised by the [[Short Titles Act 1896]], section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the [[Interpretation Act 1978]].}} ([[28 & 29 Vict.]] c. 63) is an [[Act of Parliament\|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 not in contradiction with ("repugnant to") any Act of Parliament that contained powers which extended beyond the boundaries of the [[United Kingdom]] to include that colony. This had the effect of clarifying and strengthening the position of colonial legislatures, while at the same time restating their ultimate subordination to the [[Palace of Westminster\|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 law]]s, 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 of South Australia\|government]] in [[South Australia]], where [[Benjamin Boothby\|Justice Benjamin Boothby]] had struck down local statutes on numerous occasions in [[Supreme Court of South Australia\|the colony's Supreme Court]].<ref>{{cite book \|last=Roberts-Wray \|first=Sir Kenneth \|title=Commonwealth and Colonial Law \|url=https://books.google.com/books?id=2WOuAAAAIAAJ \|publisher= Stevens & Sons\| date=1966 \|page=396 \|isbn=9780420395801 \|jstor=1094286 }}</ref>

Colonial Laws Validity Act 1865: Difference between revisions