Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Gengis Khan
British India had a central legislature on the British model since the early 20th century and was effectively a confederation of a mix of British provinces and Princely states with which Britain had treaties. The provinces had varying degrees of autonomy. The sub continent was organized as a federal system, although more properly described as a confederation.

In 1947, most of the Princely States joined India and a few joined Pakistan and India attained full sovereignty as a federal system with the states having sovereignty intra vires as set out constitutionally.

India and the provinces and states that comprise it have had long experience at parliamentary government, before and after independence.

A widely flung empire cannot effectively be centrally governed in every respect, even through Viceroys and Governors General. Matters of local concern are best left to local legislatures even though overriding sovereignty still rests with the Empire. This is trite fact going back to the Roman Empire and probably before.

The Colonial Laws Validity Act is a 19th Century law which recognized a tradition that had long been evolving which recognized the validity of the enactments of colonial legislatures. The doctrine of sovereignty intra vires also has judicial sanction since the 19th century.

This doctrine recognizes the apportionment of sovereignty between provinces within a confederation and apportionment of legislation making powers between the Empire and its component jurisdictions based on constitutional instruments, evolving practices hardening into constitutional tradition and the rule of law.

I am grossly oversimplifying

11 posted on 08/12/2007 7:59:53 AM PDT by Clive
[ Post Reply | Private Reply | To 7 | View Replies ]


To: Clive

“I am grossly oversimplifying”

Not nearly so much as the marauding troll!


12 posted on 08/12/2007 8:21:21 AM PDT by headsonpikes (Genocide is the highest sacrament of socialism.)
[ Post Reply | Private Reply | To 11 | View Replies ]

To: Clive

“I am grossly oversimplifying”

But you made my point much clearer, and I appreciate the learning experience.


13 posted on 08/12/2007 9:16:42 AM PDT by TWohlford
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson