No description available.

The thesis surveys and analyses Commonwealth Bills of Rights. It examines the content of these Bills of Rights and considers their origin and political implications. The first chapter reviews the political history of Bills of Rights generally. This is followed by a chapter dealing with the initiation and introduction of Commonwealth Bills of Rights. Particular attention is given to the attitudes and influences of British officials and advisors. The third chapter considers the general forms of Commonwealth Bills of Rights and the ways in which such guarantees are qualified. The next three chapters examine the substance of the particular guarantees and note judicial cases that are of particular interest. In the seventh chapter some of the political implications of these Bills of Rights are considered. The eighth chapter concerns judicial attitudes toward the enforcement of a Bill of Rights. This is followed by concluding remarks.

Abstract not available. / Thesis (Ph.D.)-University of Natal, 1960.

Thesis (M.S.)--University of Wisconsin--Madison, 2000. / Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 150-167).

Whatever may be the policy of a (declaratory) power in the Crown conclusively to certify the limits of its territorial sovereignty, and whatever be the ultimate fate of such a power [linked, as it is in part, to the policy of. and indeed the existence of, a (constitutive) prerogative of cession] still at all events the constituent function of the Crown is founded upon the (constitutive) prerogative of annexation, as distinct from any declaratory power. To annexation the will and pleasure of the Crown is, as a matter of constitutional law, both sufficient and necessary, without regard to any consideration of international law. The necessity of Her Majesty's pleasure is supported inter alia by the case of Staples v. The Queen (1899) (unreported), heard on application to the Privy Council for leave to appeal from the High Court of Matabeleland. A full report of the proceedings in both courts, including argument and reasons, being appended; the Privy Council deciding that territory remained foreign notwithstanding destruction by armed force of the previous native sovereignty and ensuing complete control by the Crown ... The prerogative of legislation is considered; semble a grant of representative institutions may be held subject to a reservation of the prerogative of legislation contained in an earlier but governing instrument. A prerogative of the Crown to legislate for the subject even in foreign territory, wherever the Crown has assumed a jurisdiction, is supported by limited judicial authority whose correctness is doubted. The true extent is considered of the continuance of existing laws in conquered and ceded territories. The establishment of legislative institutions is considered. The incidents of these institutions are elaborated upon, and particularly the privileges of legislative bodies erected by the Crown. An account is given of the events in Newfoundland in August, 1838, giving rise to the leading case of Dr. Kielley in the Courts of Newfoundland, and, on appeal, in the Privy Council, laying down the rule that only necessary incidents are enjoyed at common law and not the lex et consuetude parliament! as known at Westminster: the rule herein laid down being applied more particularly against a power of committal for contempt. Earlier colonial and Privy Council precedents in the opposite sense are discussed. The rule is suggested to be one dictated by considerations of policy simply, and not determined by any particular view of the true basis of privilege in England. If anything, assimilation of the lex et consuetudo parliamenti to the common law serves as an argument for its passage to the colony, while attribution to lost statute might tend to establish peculiarity to England and colonial inapplicability; but the rule of inapplicability may be applied in any event.

No description available.

This study is concerned with assessing the impact of the Commonwealth Sugar Agreement (CSA) on sugar production and exports in the major exporting countries of the Commonwealth by concentrating on a detailed analysis of one of the principal exporting members of the Agreement as a case study - Mauritius. Since the Agreement expired in 1974 after 24 years of operation, a detailed examination of the CSA can be expected to shed light on the general question of the usefulness and desirability of commodity agreements in general, and on the more specific question of the response of producers to given price and market incentives. The general approach adopted in this study is aimed at a comprehensive examination of the various factors relevant to the Commonwealth Sugar Agreement; apart from assessing the development of the CSA itself, it was found useful to conduct an economic analysis of the world sugar economy as a whole in order to place the CSA in a more global context. The next obvious step was to assess critically the economic theory underlying international commodity agreements in general, and to examine the justification for their application. Since commodity agreements represent, in an important sense, a man-made barrier to free international trade, we examine the implications of various agricultural policies on international trade in primary commodities as well as in sugar. In an attempt to obtain quantitative measurements of the effects of the CSA on sugar production in Mauritius, we devise a simultaneous-equation model to explain a number of important variables in the Mauritian sugar industry. Since agricultural models usually involve lagged variables being used as explanatory variables, we critically examine the literature on distributed lag models and a number of studies using such results, as well as the (usual) econometric problems that these models invariably involve. We finally present our model and the results obtained from applying the two-stage least-squares method of estimation to most of the equations of the model. The main conclusion to emerge from the study is that producers tended to respond significantly to the prices they received, which were more closely related to the stable and high prices offered by the United Kingdom under the CSA than to the volatile prices prevailing on the world free market, even when International Sugar Agreements were operative. The implications for the future concern the pricing and quota policies to be implemented under the Lomé Convention between the EEC and the 46 (now 52) AGP countries; if the objective of the Convention is to promote the sugar industry in the exporting countries, then stable prices and guaranteed markets would appear to be an effective method.

This study has been limited to those seventeen significant years from the outbreak of World War I to the passing of the Statute of Westminster, for during those years British colonial policy changed radically. An era of the domination and supremacy of the imperial parliament disappeared to be replaced with a policy of equality and partnership. This change in British colonial policy was the result of many significant events. The present study will show how those events and London's responses to them helped to bring about the consummation of the long-sought nationhood of the colonies. The results of the study have been presented chronologically. During World War I (treated in Chapter II),' the colonies supported London with troops, skilled workers, contributions and foods of all kinds. The loyalty and sacrifices of the dominions aroused the interest of the mother country and eventually led to a change in the relationship between London and the colonies. London demonstrated her new attitudes of sympathy, co-operation, and understanding in a number of ways.

No description available.

No description available.