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Hodge v The Queen (Canada)

Hodge v The Queen (Canada)

Case [1883] UKPC 59

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Case: [1883] UKPC 59
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Cases Citing This Decision

11

Aboriginal Areas Protection Authority v Director of National Parks [2022] NTSCFC 1
Citation 1

…[125] The Queen v Burah (1878) 3 App Cas 889; Hodge v The Queen (1883) 9 App Cas 117; Powell v Apollo Candle Co (1885) 10 App Cas 282.…
Mitchell v Gympie Regional Council [2018] QCAT 160
Citation 2 (Para 19)

…blished in a series of historic Privy Council decisions at the close of the nineteenth century: Reg. Burrah (1878) 3 App Cas 889; Hodge v The Queen (1883) 9 App Cas 117; Po well v Apollo Candle Company (1885) 10 App Cas 282; Riel v The Queen (1885) 10 AppCas 67. They decided that Colonial legislators were not mere agents o…
Re Residential Tenancies Tribunal (NSW); Ex Parte Defence Housing Authority [1997] HCA 36
Citation 3

…[371] See R v Burah (1878) 3 App Cas 889 at 904; Hodge v The Queen (1883) 9 App Cas 117 at 132; Powell v Apollo Candle Company (1885) 10 App Cas 282 at 289-290; Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1 at 9-12. See also Farnell v Bowman (1887) 12 App Cas 643 at 649; Mutual Pools & Staff Pty Ltd v The…
Capital Duplicators Pty Ltd v Australian Capital Territory [1992] HCA 51
Citation 4

…peace, order and good government of that territory, the new legislature acts on its own behalf and not as a delegate Reg v Burah (1877) 3 App Cas 889 Hodge v The Queen (1883) 9 App Cas 117 Powell v Apollo Candle Co Ltd (1885) 10 App Cas 282 Reg v Toohey Ex parte Northern Land Council (1981) 151 CLR at p279 The Commonwealth…
Nationwide News Pty Ltd v Wills [1992] HCA 46
Citation 5

…make laws for the peace, order, and good government of the Commonwealth with respect to:- ... (xxxv) Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State". Section 51(xxxv) is a plenary power((232) Reg. v. Burah (1878) 3 A…
Union Steamship Co of Australia Pty Ltd v King [1988] HCA 55
Citation 6

…14. The power to make laws "for the peace, welfare, and good government" of a territory is indistinguishable from the power to make laws "for the peace, order and good government" of a territory. Such a power is a plenary power and it was so recognized, even in an era when emphasis was given to the …
R v Bull [1974] HCA 23
Citation 7

…25. That decision related to a Customs Act enacted by the Parliament of the Dominion of Canada, not to an enactment of a colonial legislature. Nevertheless, the decision did not turn on the Statute of Westminster, 1931 and the reasoning is applicable to colonial legislatures having plenary powers of…
Walker v South Australia (No 2) [2013] FCA 700
Citation 8 (Para 33)

…as that of the Imperial Parliament: see Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1 at 9; R v Burah (1878) 3 App Cas 889 at 904; Hodge v The Queen (1883) 9 App Cas 117 at 132; Powell v Apollo Candle Company (1885) 10 App Cas 282 at 290.…
Marin v The Chiropractic Board of Australia [2015] SADC 119
Citation 9 (Para 20)

…by-laws or the like as to subjects specified in the enactment, and with the object of carrying the enactment into operation, and effect (see Hodge v The Queen (1883) 9 App Cas 117 at 132), but it is – to say the least of it – debatable whether the State Parliament could – without an amendment of the Constitution Act – cre…
Bancoult, R (On The Application of) v Secretary of State For Foreign and Commonwealth Affairs [2008] UKHL 61
Citation 10

…d was intended to have, plenary powers of legislation, as large, and of the same nature, as those of Parliament itself'. Later, Sir Barnes Peacock in Hodge v The Queen (1883) 9 App Cas 117, speaking for the Judicial Committee, stated that the legislature of Ontario enjoyed by virtue of the British North America Act 1867 (I…
Jackson & Ors v. Her Majesty's Attorney General [2005] UKHL 56
Citation 11

…Sydney particularly relied, as distinct from such cases as McCawley v The King [1920] AC 691, R v Burah (1878) 3 App Cas 889 and Hodge v The Queen (1883) 9 App Cas 117, together with the Australian decisions in Taylor v Attorney General of Queensland (1917) 23 CLR 457 and Clayton v Heffron (1960) 105 CLR 214. In Powell v…

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