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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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part I. Introductory

Collection:: Economics Books

CHAP. 11] LEGAL BASIS 63 interpretation on the words. The only conditions, therefore, to be inserted in the Act on the part of Her Majesty’s Govern- ment were those relative to the surrender of the Crown revenues ; the rest stood (as was the case in the other North American Provinces referred to) on the faith of the Crown. The views of the Secretary of State in the main prevailed, and the requirement of responsible government was omitted from the Act as passed in 1851 (No. 3) in response to his despatch of Jan. 31, 1851. Therefore in Prince Edward Island also no mention of responsible government or legal Provision regarding it, other than the grant of pensions for retiring officers, is known. To allow responsible government to rest upon constitu- tional practice has prevailed ever since in the Dominion. The constitutions of the Provinces of British Columbia, of Manitoba, and of Alberta and Saskatchewan, contain practi- cally nothing which effects responsible government. The Acts of these Colonies merely provide that the Executive Council shall consist of such persons as the Governor may appoint, or they specify certain officers who shall be members of the Executive Council, but not who shall constitute the Executive Council. They also permit the members of the Council or certain specified officers to sit in Parliament without, even re-election! The case of Alberta may be cited as illustrating the whole practice, and as one of the most striking examples of the unwillingness of Canada to reduce responsible government to a legal system: the Constitution Act provides that the Executive Council of the said province shall be composed of such persons under such designations as the Lieutenant-Governor from time to time * For Ontario and Quebec see 30 Vict. c. 3, s. 63; Ontario Act, 1908, C. 6; Quebec Rew. Stat., 1909, ss. 572 seq. ; Nova Scotia Rev. Stat., 1900, C. 9 (number fixed at nine); New Brunswick Rev. Staf., 1903, ¢. 10; Manitoba, Rev. Stat., 1902, c¢. 59 ; British Columbia Act, 1908, c. 128 (num- ber limited to seven); Saskatchewan and Alberta Acts of Canada, cc. 42 pd 3, 1905; Alberta Act, 1909, c. 6 ; Saskatchewan Act, 1906, c. 3. In rrince Edward Island the number is unlimited, as it rests on the old Ineaaniony of 1872 to Lord Dufferin, confirmed by the Order in Council of 73 incorporating the province in the Dominion.

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