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11-634: The Colonial Laws Validity Act 1865 ( 28 & 29 Vict. c. 63) is an 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

22-475: Is cited as "39 & 40 Geo. 3 c. 67", meaning the 67th act passed during the session that started in the 39th year of the reign of George III and which finished in the 40th year of that reign. Note that the modern convention is to use Arabic numerals in citations (thus "41 Geo. 3" rather than "41 Geo. III"). Acts of the last session of the Parliament of Great Britain and the first session of the Parliament of

33-633: The 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 laws , 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 in South Australia , where Justice Benjamin Boothby had struck down local statutes on numerous occasions in

44-473: The list of acts of the Parliament of England and the list of acts of the Parliament of Scotland . For acts passed from 1707 to 1800, see the list of acts of the Parliament of Great Britain . See also the list of acts of the Parliament of Ireland . For acts of the devolved parliaments and assemblies in the United Kingdom, see the list of acts of the Scottish Parliament , the list of acts of

55-700: The Irish Free State and South Africa. Australia adopted the Statute in 1942 with the passing of the Statute of Westminster Adoption Act 1942 , with retroactive effect to 3 September 1939, the start of World War II . The Colonial Laws Validity Act 1865 continued to have application in individual Australian states until the Australia Act 1986 came into effect in 1986. New Zealand adopted the Statute of Westminster in 1947. Newfoundland never adopted

66-534: The Northern Ireland Assembly , and the list of acts and measures of Senedd Cymru ; see also the list of acts of the Parliament of Northern Ireland . The number shown after each act's title is its chapter number. Acts passed before 1963 are cited using this number, preceded by the year(s) of the reign during which the relevant parliamentary session was held; thus the Union with Ireland Act 1800

77-612: The Statute of Westminster. Instead, facing grave financial difficulties as a result of the Great Depression , Newfoundland gave up responsible government in 1934. The Colonial Laws Validity Act continued to apply to Newfoundland, which was from then on ruled by an appointed Governor and Commission of Government until, in 1949, Newfoundland joined Canada as its tenth province. Elsewhere, the Colonial Laws Validity Act remains in force, and helps to define

88-595: The United Kingdom are both cited as "41 Geo. 3". Some of these acts have a short title . Some of these acts have never had a short title. Some of these acts have a short title given to them by later acts, such as by the Short Titles Act 1896 . The seventh session of the 18th Parliament of the United Kingdom , which met from 7 February 1865 until 6 July 1865. List of acts of the Scottish Parliament These are lists of acts of

99-660: The colony's Supreme Court . By the mid-1920s, the British government accepted that the dominions should have full legislative autonomy. Accordingly, the imperial Parliament passed the Statute of Westminster , which repealed the application of the Colonial Laws Validity Act 1865 to the dominions (i.e., Australia , Canada , the Irish Free State , New Zealand , Newfoundland , and the Union of South Africa ). The Statute of Westminster took effect immediately in Canada,

110-492: 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

121-513: The relationship between Acts of Parliament and laws passed in self-governing British territories, as well as the legality of decisions made by territorial legislatures and governments. The power to amend the Colonial Laws Validity Act rests with the Parliament of the United Kingdom. 28 %26 29 Vict. Note that the first parliament of the United Kingdom was held in 1801; parliaments between 1707 and 1800 were either parliaments of Great Britain or of Ireland ). For acts passed up until 1707, see

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