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Simpson v Attorney General - [1955] NZLR 271

$30.00

High Court Wellington
19 July; 30 July 1954
Barrowclough CJ
Court of Appeal Wellington
17, 20 September; 9 December 1954
Stanton J; Hutchison J; McGregor J
Parliament — Parliamentary Election — Writ to proceed with Elections "returnable in forty days" — Period Exclusive of Day of Issue of Writ — Proceedings leading up to Election Irregular — Relevant Statutory provisions Directory — Election conducted in Accordance with Principles of Electoral Legislation, if not strictly within Letter of it — Election not void or destitute of Legal Effect — Electoral Act, 1927, ss 101, 102 (4) — Electoral Amendment Act, 1937, s 2 (1) — Acts Interpretation Act, 1924, ss 10, 25 (b).
Constitutional Law — Royal Prerogative — Assent to Bills — Assent given after Dissolution of House of Representatives — Such Acts validly passed in Exercise of Delegated Royal Prerogative — Question of Competency of Court to question Validity of Acts passed by General Assembly — New Zealand Constitution Act, 1852 (15 & 16 Vict c 72), ss 32, 53, 56.
Constitutional Law — Royal Prerogative — Summoning of Parliament — No Limitation imposed on Exercise of Royal Prerogative to summon Parliament delegated to Governor-General — Electoral Act, 1908, s 101 (1).

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