The Authority of English Decisions in Colonial Courts

Abstract

The law of England has been introduced into colonial territories to a varying extent and by various means3; as a consequence, whether adopted en bloc or piecemeal or borrowed by way of Indian law, the English law forms the major part of the law applicable in each territory, and is often the residual law which is called on in default of an express rule. But this reception of the law of England immediately raises a problem of some magnitude; to what extent, if at all, are the decisions of courts in England to be followed by colonial courts? It is somewhat surprising that, at this late hour, the problem should not apparently have been considered by legal writers, except in a useful article by Dr. T. O. Elias4.