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Legislation, Repugnancy and the Disallowance of Colonial Laws: The Legal Structure of Empire and Lloyd's Case (1844)

Victoria University of Wellington Law Review, Vol. 41, pp. 381-402, 2010

22 Pages Posted: 21 Dec 2010  

Damen Ward

Crown Law Office; Victoria University of Wellington

Date Written: December 20, 2010

Abstract

The imperial government had the ability to disallow New Zealand colonial ordinances that were "repugnant to the laws of England". "Repugnancy" did not operate as a clear legal criterion; the British government could take into account a range of political factors. Instructions to governors were sometimes used to avoid potential legal questions about the impact of disallowance. Henry Samuel Chapman's judgment in Lloyd's case (1844) provides a basis for exploring the legal, administrative and political practices surrounding the disallowance of colonial laws. Judges' and officials' views on how disallowance took effect show the interaction between political authority, political communication, and legal institutions in a Crown Colony. Lloyd's case, and Chapman's extra-judicial writing about repugnancy, help illustrate changing colonial views of the British imperial constitution across the mid-nineteenth century.

Keywords: empire, common law, crown colony, colonies, New Zealand, Australia, imperial networks, legislation, representative government, responsible government

Suggested Citation

Ward, Damen, Legislation, Repugnancy and the Disallowance of Colonial Laws: The Legal Structure of Empire and Lloyd's Case (1844) (December 20, 2010). Victoria University of Wellington Law Review, Vol. 41, pp. 381-402, 2010. Available at SSRN: https://ssrn.com/abstract=1728873

Damen Ward (Contact Author)

Victoria University of Wellington ( email )

P.O. Box 600
Wellington, 6140
New Zealand

Crown Law Office ( email )

PO Box 2858
Wellington, 6140
New Zealand

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