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Common Law.
Distinction between legislative and judicial functions
What is authentic record of statutes
Legislature is presumed to know the law
Effect of erroneous declaration of law
Effect of recitals.
May alter the law
Legislature is presumed to know the construction put upon
Such construction recognised by implication.
Legislature not presumed to make unnecessary alteration in
Alterations in Statute Law more readily presumed
Judicial functions
9
10
12
12, 13
13
14
15
16
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17
18
678
This rule has not always been recognised
Ancient theories of judicial supremacy
As to statutes made against the Law of God.
Against natural justice.
Modern refutations of that theory
But authority of statutes is confined to its own province
Cannot alter the course of nature
Does not extend beyond limits of this country
Does not extend to foreign things
Does not bind future Parliaments
Does not extend to impossibilities
Limited by the necessity of using express words
Express words needed to bind the Crown
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31
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33
34
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36
In what cases the Crown is not bound unless named
When the Crown is bound by necessary implication
When the Crown is bound though not named
Express words needed to take away jurisdiction of superior
Courts.
To take away right of changing venue
Decisions as to the creation of exclusive jurisdictions
Express words needed to affect public or private rights.
When authority of statutes is extended by implication.
When not.
Authority must be strictly followed
Where a new jurisdiction is conferred
Where matters of public interest are concerned
Where statute authorises interference with private property
When bye-laws are made in pursuance of statutes.
When certificates are given in pursuance of statutes
The authority of statutes cannot be evaded.
Agreements contrary to policy of statutes void
But it is difficult to decide what is an evasion
Evasion in the popular sense is not intended
Responsibility imposed by statutes cannot be shifted
How the authority of statutes may be enforced
1. Directly.
By indictment
By action.
Exception to rule where statute which confers a right creates the remedy
The right and remedy must be created by the same
Contracts made in violation of statutes declared void
Actions cannot be brought upon contracts in viola-
tion of statutes
80
81
But where penalties are imposed for protection of the revenue only, no prohibition is implied
Cases in which contracts themselves are not avoided 85
Protection given by statutes to those who act under their
authority
885
83
To what persons it is given.
Justices of the peace
Constables and other officers
Persons executing public works
In cases of omission
To what persons the protection is not given.
There must be an honest belief that the acts done are