The agrarian system of Moslem India

Responsible government in the Dominions (Vol. 2)

Bibliographic data

Monograph

Identifikator:: 1804119261

URN:: urn:nbn:de:zbw-retromon-188010

Document type:: Monograph

Author:: Moreland, William Harrison http://d-nb.info/gnd/172263670

Title:: The agrarian system of Moslem India

Edition:: 2. ed. Reissue (d. Ausg. Cambridge) 1929; [Reprint]

Place of publication:: Delhi

Publisher:: Oriental Books, Munshiram Manoharlal

Year of publication:: 1968

Scope:: XVII, 296 S.

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

948 THE FEDERATIONS AND THE UNION [PART IV powers vested in the Governor-General! were to be exercised by him acting on his own discretion and without the advice of the Privy Council ;2 and the provision in s. 19 for the due representation of the natives in the Union Parliament and in the Provincial Councils in such manner as should be deemed by Her Majesty to be without danger to the stability of the Government. Effect could only be given to the Act up to August 1, 1882, and, as circumstances prevented anything being done at that date, the Act lapsed, save as to one section (58) allowing the Crown from time to time to annex territories to the Cape. Under s. 4 of the Act the King in Council is empowered by proclamation at any time within a year from the passing of the Act to declare that the four Colonies of the Cape, Natal, the Transvaal, and the Orange River Colony shall be united as a Legislative Union with the name South Africa. The King may then appoint a Governor-General and the Union shall come into force at the date given in the proclamation, but which must not be more than a year after the passing of the Act. The Colonies joining the Union at the start become original provinces with the same boundaries as at present, the Orange River Colony being styled the Orange Free State Province, and any Colony which does not join can only enter later on by virtue of an Order in Council made under the powers taken in the Act for the entry of sew provinces (such as Rhodesia). It will be seen at once that the assent of the Colonies con- * Per conéra, the Tasmanian Interpretation Act, 1906, s, 12, provides that the term ° Governor’ means Governor acting with the advice of the Executive Council, a curious and unusual provision, which renders necessary a new definition in the Act No. 10 of 1908, s. 2, respecting indeterminate sentences, where the duty is cast on the Governor personally, The South Africa Interpretation Act, 1910, has followed this model; cf. above, p. 150,n. 1. * This seems to go too far. For example, by s. 20 the Governor-General was empowered to summon the House of Assembly : that he should not be advised by the Council as to this would have been absurd. The real point is not ‘ without advice’, but the existence of power to disregard advice ; such a power the Governor-General must and does have, or the (Government would be completely transferred to ministers.

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