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

CHAP. 11] LEGAL BASIS 77 object is the creation of Legislative Chambers, and the regulation of their functions ; while the object in view would equally well be attained in another way. In fact, through- out the Colonies the resignation by Colonial Ministers of their seats in the Executive Council is rather a matter of unwritten practice than of positive law. 11. The Executive Council in the Australian Colonies is constituted by the Letters Patent, and in every Colony, with two exceptions, Ministers retire from the Council as a matter of course when they leave office. In the other two, Ministers Nominally remain members of the Executive Council, but they are not summoned to its meetings, and I may observe that this practice, which is based upon a supposed analogy to the Privy Council in England, is found to be the less convenient of the two. The Governor possesses under the Letters Patent a general power to remove from office, and this power would enable him to dismiss an Executive Coun- cillor, should he attempt to retain his seat, or claim to take advantage of it, against the wish of the incoming Ministers. I propose to advise Her Majesty to issue for Natal, in place of the existing Charter, fresh Letters Patent, following the Australian model, so that the words in the amended Bill will be unnecessary. I feel confident that it will be agreed that the Constitution Act should not contain any provision as to the composition of the Executive Council. Accordingly, the Bill as it became law as Act No. 14 of 1893, contained only the provisions for six ministerial officers, for their right to sit in the Legislature without re-election, and for the obligation to secure a seat, if not already a member on appointment to the Ministry, within four months. Appoint- ments to all offices except those liable to be vacated on political grounds were vested in the Governor in Council, and besides a Civil List with a special provision for the natives there was provided a schedule of pensions for officers retiring on political grounds from their posts. The new letters Patent contained only the usual provision allowing the Governor to appoint to the Council those who were ex officio members—there were none—and any other persons, the whole forming a close parallel to the somewhat earlier Act In the case of Western Australia.

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