Deutsche Geschichte: Neuere Zeit

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1892063557

Document type:: Multivolume work

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Deutsche Geschichte

Place of publication:: Berlin

Publisher:: Gaertner

Year of publication:: 1891-

Collection:: Economics Books

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Volume

Identifikator:: 1892067412

URN:: urn:nbn:de:zbw-retromon-237426

Document type:: Volume

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Neuere Zeit

Volume count:: Abt. 2

Place of publication:: Freiburg im Breisgau

Publisher:: Heyfelder

Year of publication:: 1905

Scope:: XV, 396 S.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Neunzehntes Buch

Collection:: Economics Books

cuap, 11] THE COMMONWEALTH OF AUSTRALIA 931 that case there was no referendum at all, in only one instance was a general election held, and the assent of the Parliaments was considered sufficient authority for the formation of the union of the provinces and the abandonment by the pro- vinces of their autonomy. In the case of Australia, on the other hand, as has been seen above, the greatest care was taken to secure the fullest consultation of the people. The Constitution was drafted by a convention elected by popular vote ; it was ratified by referenda in every Colony of the proposed Commonwealth. In the case of the Union of South Africa the model of Canada was followed as regards the Transvaal, the Orange River Colony, and the Cape ; affirmative votes of Parliament were there the acceptance of the new Constitution. In Natal matters were otherwise, for a considerable opposition de- veloped itself, and the Government decided that it would be advisable to have a poll, which was accordingly taken, with the somewhat unexpected result that the majority in favour of the acceptance of the Union was overwhelming. The figures were : for, 11,121; against, 3,701 ; majority, 7,420. (2) The ordinary Colony has full power to alter its Consti- tution, subject, in some cases, to certain formalities. This principle, however, obviously cannot be applied to cases of a federation proper; a federation is a quasi treaty, and to allow the federal authority to vary the Constitution would be unacceptable to the states which are federating. In the case of Canada so strongly is this recognized that the Consti- tution as a whole, and in particular the distribution of powers between the provinces and the Dominion, cannot be altered except by an Act of the Imperial Parliament, and no such Act, as was authoritatively stated in 1907, would be passed unless the Imperial Government were satisfied that 1t was desired by not only the Federal Government, but also the Governments of the provinces concerned. The only alteration which substantially affects the provinces was made at the request of the federation and of all the provinces except British Columbia in 1907, when the federal subsidies were readjusted by 7 Edw. VII. c. 11. In the case of the Commonwealth of Australia it was desired by the framers of the Constitution, who based themselves somewhat exclusively upon United States models, that it should be in the power of the Commonwealth itself to alter its Constitution, and accordingly a clause was inserted in the Constitution for that purpose. The terms of the provision as embodied in s. 128 of the Commonwealth rh?

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