Colonial Laws Validity Act
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The Colonial Laws Validity Act 1865 was a statute enacted by the Parliament of the United Kingdom in order to remove inconsistency between colonial and Imperial (British) legislation. The statute was required by the existence at that time of different opinions expressed over the validity of a series of acts passed by the colonial legislatures. The main issue was that of repugnancy. Any colonial law contradictory to the provisions of an imperial statute extending to a British colony was void and inoperative. While the Act was intended to extend rather to restrict the powers of the colonial legislatures, it reasserted in statutory form the overriding supremacy of the British Parliament.
Effect
The Act negated several judgements of Benjamin Boothby, a South Australian judge, who had purported to strike down South Australian laws contradictory to English law. [link]The Imperial Conference of 1930 adopted in political terms a convention to abolish the supremacy of British Parliament over the Dominions' legislatures. In pursuance of the recommendations of this conference, the Statute of Westminster 1931 repealed the Colonial Laws Validity Act 1865 in its application to the Dominions, and the Australia Act 1986 its application to the Australian States.
See also
External links
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