territory.
9. The reasoning behind the Clerks' view can be traced back to the passages in Erskine May dealing with the Power and Jurisdiction of Parliament (Chapter 4). According to the authors,
"The Authority of Parliament over all matters and persons within its jurisdiction was formerly unlimited.
In the
20th Century, however, Parliament has accepted that its unlimited legislative authority should be qualified in two important respects, which are referred to in chronological order. First, in a series of statutes beginning with the Statute of Westminster 1931, Parliament formally recognised limitations on its powers over the dominions (as they were then called); and after the war of 1939-1945 it conferred independence on other countries and territories within the Commonwealth. Secondly, in 1972 it passed the European Communities Act under which the authority of European
Institutions to adopt measures carrying the force of the law in the United Kingdom was accepted".
Then, after a brief outline of the main independence legislation, Erskine May continues:-
"The legislative competence of the United Kingdom Parliament over the remaining colonies remains absolute, though it is usual for the Crown by Order in Council or letters patent to lay down the form of Government for a colony and the powers conferred under the authority either of the prerogative or of the British Settlements Acts 1887 and 1945 or in some cases of specific Acts dealing with individual territories".
10.
Accordingly, the argument goes, the dependent territories are to be regarded as within the jurisdiction of the Westminster Parliament and the powers of the House of Commons can apply in relation to them and in relation to persons in them. these powers are delegated to a Select Committee, it is entitled to exercise them to the degree that the House of Commons is so
entitled.
Therefore, if