British Coal Corp v The King

In theory Parliament could repeal the Statute of Westminster, but in practice that is unlikely ever to happen.

Citation
[1935] AC 500
Court
Privy Council
Year
1935
Subject
Public Law
Topic
Parliamentary sovereignty

Facts

Canada passed legislation abolishing appeals to the Privy Council in criminal cases. The question was whether this legislation was valid, given that the Statute of Westminster 1931, passed by the UK Parliament, had removed the limits on the legislative powers of the dominions, including the Colonial Laws Validity Act 1865.

Legal principle

The Privy Council held that the Canadian legislation was valid. Lord Sankey LC said that it is doubtless true that the power of the Imperial Parliament to pass on its own initiative any legislation that it thought fit extending to Canada remains in theory unimpaired, and that the Imperial Parliament could, as a matter of abstract law, repeal or disregard section 4 of the Statute of Westminster. But that is theory and has no relation to realities. The case illustrates the difference between legal sovereignty and political reality.

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