[tag=CC | □ | □]
[tag=CC | □=□ | □]
[tag=CC | □ & □ | □]
For servitudes , such as rights of way , light , and the like , form the chief class of prescriptive rights , and our law of servitudes is mainly Roman . It must be noted that under these two rules the Imperial Parliament does retain , and sometimes exerts the right to legislate in regard to matters which may greatly concern the prosperity of a Dominion , and also does in some respects seriously curtail both the legislative power of a Dominion Parliament and the executive power of a Dominion Cabinet . Cf. Ellen v. Topp , 6 Exch . In 1914 the colonial policy of England is to grant to every Dominion absolute , unfettered , complete local autonomy ,38 in so far as such perfect self-government by a Dominion does not dearly interfere with loyalty of the Dominion to the Empire . J My readers are thus enabled to see how far either legislation or constitutional conventions have during the last thirty years extended or ( it may be ) limited the application of the principles which in 1884 lay at the foundation of our whole constitutional system . Cf. Lyle v. Barker , 5 Binn . It has been shown that in both the systems from whose union our law arose the rules governing conveyance , or the transfer of specific [ 367 ] objects between living persons , were deeply affected by notions drawn from inheritance . In any case he too has approached English institutions from a new point of view , and has looked at them in a fresh light ; he would be universally recognised among us as one of the most distinguished and ingenious exponents of the mysteries of the English constitution , had it not been for the fact that he made his fame as a professor , not in any of the seats of learning in the United Kingdom , but in the University of Melbourne . Unfortunately , one has to ask whether the present practices do that either . The truth is that both Bagehot and I Professor Hearn deal and mean to deal mainly with political understandings or conventions and not with rules of law . But neither parliamentary government nor any form of constitution , either which has been invented or may be discovered , will ever of itself remove all or half the sufferings of human beings . But then this admission , while it does away with some of the difficulties besetting the policy which is miscalled Imperial federalism , raises a whole body of difficult and all but unanswerable questions . The terms used by the commentator were , when he used them , unreal , and known6 to be so . A warranty was a covenant which sometimes yielded but damages , and a covenant in the old law sometimes yielded land . But that was not the meaning of the Roman law , and , as has been shown , it is not the doctrine of ours . The delusion that democracy when it has once had all things put under its feet , is a progressive form of government , lies deep in the convictions of a particular political school ; but there can be no delusion grosser . The immense importance attached by modern thinkers to representative government is partly accounted for by its being almost the sole constitutional discovery or invention unknown to the citizens of Athens or of Rome.79 It is well also to note that 78 Bowles v. Bank of England [ 1913 ] , I Ch . " This enactment , if strictly construed , would protect any Speaker who , either from partisanship or to promote some personal interest of his own , signed a certificate which was notoriously false from being liable to punishment by any Court of law whatever.50 No doubt the House of Commons has been historically jealous of any judicial interference with persons acting under the authority of the House , and has on more than one occasion claimed in a sense to be above the law of the land . It has been found hidden at the root of the relation between buyer and seller in two cases at least , prescription and warranty , when the history of that relation is opened to a sufficient depth . No doubt the House of Lords did very rarely either alter or reject any Money Bill , and though the Lords have always claimed the right to alter or reject such a Bill , they have only on very special occasions exercised this power .