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Constitutions on the Move Constitutional and Political Developments in 1958
Published online by Cambridge University Press: 28 July 2009
Extract
It is axiomatic that in colonial constitutional development events move more swiftly each year in response to ever-increasing pressures. Major changes made or proposed during 1958 for dependent territories in Africa reflect considerable ingenuity and variety of approach: in order to indicate them in outline, it will be necessary to be consecutive only in a geographical sense.
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References
2 The Nigeria (Constitution) (Amendment) Order in Council, 1958, S.I. 1958, No. 429, art. 76. Removal on the advice of the Judicial Committee was first enacted for the West Indies (West Indies (Federation) Order in Council, 1957, S.I. 1957, No. 1364, art. 75, following the decision of the Conference on British Caribbean Federation 1956, Cmd. 9733, which rejected the proposal of the Judicial Service Commission, Cmd. 9620, for removal on an address). In that case there is no provision for a prior hearing by a local judicial tribunal. In Malaya removal is on the recommendation of a judicial tribunal with no provision for appeal to the Judicial Committee (Federation of Malaya Independence Order in Council, 1957, S.I. I957, No. 1533, 1st Schedule, art. 125. The Report of the Constitutional Commission, February, 1957, para. 125, recommended removal on an address but the procedure by a tribunal was preferred in the Constitutional Proposals for the Federation of Malaya, 1957, Cmnd. 210, para. 33.) The Singapore Constitutional Conference in April, 1957 (Cmnd, 147, para. 46 (b) ) agreed that the full provision for a local tribunal followed by a Judicial Committee reference be introduced, and this was done by the Singapore (Constitution) Order in Council, 1958, S.I. 1958, No. 1956, art. 91.
3 The Kenya (Constitution) Order in Council, 1958, S.I. 1958, No. 600, art. 61.
4 The Uganda (Amendment) Order in Council, 1958, S.I. 1958, No. 1516, art. 2.
5 Terrell v. Secretary of State for the Colonies, [1953] 2 Q.B. 482.
6 Southern Rhodesia (Constitution) Letters Patent, 1923, para. 38 (2).
7 Federation of Rhodesia and Nyasaland (Constitution) Order in Council, 1953, S.I. 1953, No. 1199, Annex, art. 47. A similar provision is made in the Ghana (Constitution) Order in Council, 1957, S.I. 1957, No. 277, art. 54 (3).
page 40 note 1 Colonial Leave of Absence Act, 1782.
page 40 note 2 Willis v. Gipps (1846) 5 Moo. P.C.C. 379. See also Montagu v. Lieut. Gov. of Van Dieman’s Land (1849) 6 Moo. P.C.C. 489, Cloete v. Reg. (1854) 8 Moo. P.C.C.484.
page 40 note 3 6 Moo. P.C.C. (N.S.), Appendix IX.
page 40 note 4 S.R. & O. 1902, No. 662, as amended.
page 41 note 1 The Constitution (Repeal of Restrictions) Act, No. 38 of 1958.
page 42 note 1 The Gambia (Constitution) Order in Council, 1954, S.I. 1954, No. 1145.
page 42 note 2 For a discussion of a possible “Senegambia,” see an article in West Africa, 14th February, 1959, by Philip Goodhart, M.P.
page 42 note 3 So called by Martin Wight, British Colonial Constitutions, 1947, 1952, p. 33.
page 42 note 4 S.I. 1958, No. 1259.
page 43 note 1 In its Report to the Trusteeship Council.
page 43 note 2 The Nigeria (Constitution) (Amendment) Order in Council, 1958, S.I. 1958, No. 429, arts. 64–73.
page 43 note 3 Ibid., art. 17.
page 43 note 4 Ibid., art. 106, inserting a new art. 236 in the Nigeria (Constitution) Order in Council, 1954, S.I. 1954, No. 1146.
page 43 note 5 The Nigeria (Offices of Governor-General and Governors) (Amendment) Order in Council, 1958, S.I. 1958, No. 430.
page 43 note 6 The Nigeria (Constitution) (Amendment) Order in Council, 1958, S.I. 1958, No. 429, art. 6.
page 43 note 7 Ibid., art. 106, inserting a new article 235 in the principal Order.
page 43 note 8 Ibid., arts. 40 and 41. See also art. 42.
page 44 note 1 Ibid., art. 99.
page 44 note 2 Ibid., art. 95.
page 44 note 3 Ibid., art. 30,
page 44 note 4 Cmnd. 505.
page 44 note 5 Cmnd. 569.
page 45 note 1 The Nigeria (Constitution) (Amendment) Order in Council, 1958, S.I. 1958, No. 429, art. 106, inserting a new article 223 in the Nigeria (Constitution) Order in Council, 1954, S.I. 1954, No. 1146.
page 45 note 2 Para. 7 (o).
page 45 note 3 West Africa, 15th November, 1958.
page 46 note 1 .Cmnd. 481.
page 47 note 1 Cmnd. 9768.
page 47 note 2 The Finance Act, 1958, section 37, provided that pensions paid to persons not resident in the U.K. under the Overseas Service Act and certified by the Secretary of State to be attributable to employment in the public service of an overseas territory will not be liable to income tax.
page 47 note 3 Cmnd. 497.
page 49 note 1 See Cmnd. 369; enacted by The Kenya (Constitution) Order in Council, 1958, S.I. 1958, No. 600.
page 50 note 1 The Cabinet in the Commonwealth, 1958, pp. 109–113.Google Scholar
page 51 note 1 Kielley v. Carson, Kent and ors. (1842) 4 Moo. P.C.C. 63; Barton v. Taylor (1886) II App. Cas. 197; Gipps v. McElhone (1881) a N.S.W. 18, approved in Chenard and Co. v. Arissol [1949] A.C. 127 (P.C.).
page 52 note 1 Weekly News, 15th August, 1958.
page 52 note 2 East African Standard, 8th August, 1958.
page 52 note 3 Introduced by the Tanganyika (Legislative Council) (Amendment) Order in Council, 1957, S.I. 1957, No. 1875; see also the Tanganyika (Legislative Council) (Amendment) Order in Council, 1958, S.I. 1958, No. 592.
page 54 note 1 Legal Notice No. 190 of 1955; Laws of Uganda, 1955, Pt. II, p. 383.
page 54 note 2 The Court of Appeal for Eastern Africa, in its judgment (delivered on May 9th, 1959). regarded this latter finding as superfluous and “not necessarily correct”
page 56 note 1 S.I. 1955, No. 242.
page 56 note 2 By Proclamation dated 13th April, 1957, Government Notice No. 29 of 1957.
page 56 note 3 S.I. 1958, No. 1957.
page 56 note 4 The Somaliland (Constitution) Order in Council, 1959, S.I. 1959, No. 104.
page 57 note.1 On February 9th, 1959, at Hargeisa.
page 58 note 1 Citizenship of Rhodesia and Nyasaland and British Nationality Act, 1957.
page 58 note 2 Section 1. Brought into operation by the British Nationality Act, 1958 (Commencement) Order, 1958, S.I. 1958, No. 327.
page 58 note 3 Section 2 (1).
page 58 note 4 I.e. after 12 months “ordinarily resident” in the United Kingdom, or if in Crown service (including that of a Protectorate government)—British Nationality Act, 1948, section 10, and 2nd Schedule, para. 3.
page 60 note 1 Cmnd. 530.
page 60 note 2 November 27th, Official Report, col. 563.
page 60 note 3 In a written answer in the House of Commons, 18th December, Official Report, col. 275.
page 60 note 4 Northern Rhodesia (Electoral Provisions) Order in Council, 1958, S.I. 1958, No. 1520.
page 60 note 5 See now the Northern Rhodesia (Legislative Council) Order in Council, 1959, S.I. 1959, No. 105.
page 61 note 1 See Cmnd. 530, Appendix B of Appendix II.
page 61 note 2 In the event, the numbers of “special voters” who registered before the elections in March, 1959, were considerably lower than anticipated in these estimates. Devaluation on the scale here considered did not, in fact, occur.
page 62 note 1 In the House of Lords: Official Report, pp. 472–475.
page 62 note 2 [1958]J.A.L. 142.
page 62 note 3 Cmnd. 637.
page 63 note 1 But in such territories the Corporation can continue to operate for purposes approved before independence, and, to utilise its experience, it can undertake the management of new projects without committing its own funds.
page 63 note 2 See, e.g., The United Kingdom’s Role in Commonwealth Development, 1957, Cmnd. 237.
page 64 note 1 In La Decentralisation Administrative et L’Évolution des Structures Politiques en Afrigue Orientate Brittanique, Liége, 1958, p. 2.