HINTS FOR PROVINCIAL COUNCILLORS. In Three short Chapters. By Lookeb On Chapter I. Save and except certain limitations in tho loth' and 16th Viet. cap. 72.• Matters of Parliament aro not to be ruled by the Common Law. It doth not bel< ng t.o the Judges to judgo any Law, Custom, or Privilege of Parliament Prerogative of Parliament is so great that all Acts and Processes coming out of any inferior Courts must cease and give plaeo to tho highest. ■ Parliament alone can judge of such matters as concern its own Rights, Authorities, or Privileges. Parliament itself is no doubt properly to bo styled—The Fundamental Law and Constitution of this Province, as it comprehends all Legal Powers whatsoever. Parliament is of an absolute and un’imited power in things Imperial within this Province. Parliament gives Law to the Supreme Court and to all the Courts of the Province, and therefore it is abiurd and preposterous that it should receive Law from them or be subject to them. The greater is not judged by the less. All Courts of Common Law are guided by the Rule of Common Law ; but the proceedings of Parliament are by quite 'another Rule. Matters in Parliament are to bo discussed and determined by the Custom and Usage of Parliament and the course of Parliament; neither by the Civil nor the Common Law used in other Courts. It is not known what a Parliament might not do. Right of sending Members to Parliament is questionable in Parliament only.
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Auckland Examiner, Volume 2, Issue 54, 24 December 1857, Page 3
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251Untitled Auckland Examiner, Volume 2, Issue 54, 24 December 1857, Page 3
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