Kommentar zum Gesetz über eine Kriegsabgabe von Vermögenszuwachs und zum Gesetz über eine außerordentliche Kriegsabgabe für das Rechnungsjahr 1919 vom 10. September 1919

Responsible government in the Dominions (Vol. 2)

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Monograph

Identifikator:: 1016238525

URN:: urn:nbn:de:zbw-retromon-55274

Document type:: Monograph

Title:: Kommentar zum Gesetz über eine Kriegsabgabe von Vermögenszuwachs und zum Gesetz über eine außerordentliche Kriegsabgabe für das Rechnungsjahr 1919 vom 10. September 1919

Place of publication:: Berlin

Publisher:: Verlag von Otto Liebmann

Year of publication:: 1920

Scope:: 1 Online-Ressource (XXIII, 548 Seiten)

Collection:: Economics Books

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cEaP. 1] THE UNION OF SOUTH AFRICA 1001 trouble, as was seen in 1910 when the proposal to alter the financial provisions of the Act-were rejected at the referendum, though the Act to enable the Commonwealth to take over all the debts of the states was accepted and became law as Act No. 3 of 1910, while in 1911 two referenda failed. In the case of the Union, as no real attempt is made at a federation there would appear to be no objection to the power of simple alteration, which is in keeping with the existing practice in the Colonies of South Africa. In Natal and the Cape! constitutional alterations needed no special form of legislation whatever, and the only requirement in the case of the Transvaal and the Orange River Colony 2 was that the Bills for such alterations must by law be reserved. The only need for special provision arises, therefore, from the desire to make certain parts of the Constitution especially sacred, such as the representation of the provinces in the Assembly, the use of the Dutch language, and the Cape native vote. The equal representation of the provinces in the Senate is not subjected to provincial control. Further, of course, the restriction imposed on the Trans- vaal and Orange River Colony Legislatures as to legislation affecting differentially natives, or allowing the immigration of indentured coloured labour and the temporary withdrawal from their power of land settlement, must disappear with union® It should, however, be noted that the Imperial Government thus surrenders a good deal, for the legislation of the provinces will be wholly removed from its direct control. While, however, the first convention was prepared to leave the amendment of the Constitution to Parliament subject Cf. The Government of South Africa, i. 444, 448, 449 (on pp. 443, 451 the case of Newfoundland is overlooked). ® Ibid., p. 452. The theory there and elsewhere expressed that the egislature cannot amend the letters patent constituting the office of Governor is quite erroneous. ® See Hansard, ser, 4, clxvii, 1064 seq. The broader view of such questions natural to the Union is seen in the immigration Bill of 1911 of the Union, with its abandonment of nominatim discrimination; see Parl, Pap., Cd. 5579, and cf. Cd. 5363.

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