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

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

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part I. Introductory

Collection:: Economics Books

56 RESPONSIBLE GOVERNMENT [PART 1 Legislative Council which had until then existed, while a Legislative Council was established to consist of not less than ten nor more than fifteen nominee members. The commission provides that the Executive Council shall be composed in such manner as may be directed by Instructions, and the Instructions merely say :— Now We do direct and declare Our pleasure to be, that the said Executive Council shall consist of such persons, not exceeding seven in number, as you shall from time to time by instruments passed under the public seal of Our said Island, in Our name and on Our behalf, nominate and appoint to be members of the said Council, all which persons shall hold their places in the said Council during our pleasure. The Instructions have not materially been altered since : the Executive Council is to consist of any persons, not limited in number, who are members of the Council by any law of the island, and of such others as the Governor may appoint, and no law provides for the appointment of any Executive Councillors ex officio. Moreover, there is no law requiring, any more than in the case of the Canadian Pro- vinces, members of the Executive Council to be members of the Legislature in either house. It is of course, as in these provinces, the custom that they should be members, but it is useless to deny that responsible govern- ment in Newfoundland rests as entirely upon the common law as it does in the United Kingdom. §3. THE AUSTRALIAN COLONIES AND STATES In Canada and Newfoundland we have seen that respon- sible government is essentially informal in character : it is established by well-understood practices, but not by law. Ministers need not be members of the Legislature, and they can if they like legally hold office for ever, if the Governor chooses to keep them there, in the face of all the protests the Legislature might like to pass. In the case of the Australian Colonies the matter is otherwise : it would be impossible to say that responsible government rests there on legal enactment, but there do exist legal rules which

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