Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part I. Introductory

Collection:: Economics Books

CHAPTER II THE LEGAL BASIS OF RESPONSIBLE GOVERNMENT § 1. RESPONSIBLE GOVERNMENT IN CANADA IT was one of the theses of the distinguished Victorian Chief Justice, Mr. Higinbotham,! that responsible govern- ment in the Colonies differed from that government in England by reason of its being derived from the statute law, and not as in England from the common law. The Statement was based on a study of the Constitution Act of Victoria, and he admitted with desirable candour that the Purpose of responsible government was merely rudely expressed therein : it is also clear that he had made no adequate study—indeed, it is fair to say that it would Probably have been difficult for him to do so—of the actual fact as to the introduction of responsible government into Canada, for if he had done so he might have modified his conclusions very materially. As a matter of fact, it is not untrue to say that, generally speaking, the introduction of responsible government has been due to constitutional Practice and usage based on the practices in force in the Mother Country, and that therefore the responsible govern- ment of the Dominions rests on no fundamentally different basis from the responsible government of the United Kingdom. It needs only to be added that in some degree there is a greater recognition of responsible government in Colonial constitutions than in the British constitution, but, By will be seen, that recognition goes far short of establish- ng the rule of responsible government. It was in the case of the Government of Canada that the rule was first applied ; in the Act for uniting the Provinces of Lower and Upper Canada of 1840 it is impossible to find ! Morris, Memoir of George Higinbotham, pp. 170 seq. Contrast Jenkyns, British Rule and Jurisdiction beyond the Seas, pp. 61 seq.

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