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 III. The Parliaments of the Dominions

Collection:: Economics Books

362 PARLIAMENTS OF THE DOMINIONS [PART 111 works of Professor Harrison Moore ! and of Sir H. J. enkyns.? It is suggested, for example, that it would not be possible for a Colonial Legislature to enact that the enemies of the country should not be regarded as enemies while in the limits of the Colony. Or again, can a Colonial Legislature enact that a colonial bishopric can only be filled by colonial- born clergymen ? Or that the Governor should exercise his prerogative of pardon only in accordance with the voice of a plébiscite ? Or can a Colonial Legislature alter the rela- tions between the Governor and the Legislature ? The latter question must, in the opinion of Sir H. J enkyns, be answered totally in the negative as wholly beyond the powers of any Colonial Legislature. As will be seen elsewhere, it was the opinion of Mr. Boothby that the Imperial Parliament alone could pass an Act establishing a legislative council which the Crown could not dissolve, or setting up a limit to the royal choice of its legal advisers by requiring that they should be or become in three months members of the Legislature and so forth, and he also denied the power of the Colonial Legislature to allow a Court consisting of the Governor and his Executive Council to act as a Court of Appeal from the Supreme Court of the Colony? In this connexion there may be considered the doctrine of majora and minora regalia which, as laid down by Chitty, distinguishes between the attributes of the king such as sovereignty, perfection, and perpetuity, which are inherent in and constitute his Majesty’s political capacity, and which prevail in every part of the territories subject to the Crown, by whatever peculiar or internal laws they may be governed, and the minor prerogatives and interests of the Crown which must be regulated by the local law of such places as have peculiar laws. The distinction in the feudal writers was clearly based on the different capacities of the Crown as a sovereign and as a land-owning corporation, and in some cases there has been a tendency to treat the matter as if t Jour. Soc. Comp. Leg., ii. 280 seq. ' British Rule and Jurisdiction beyond the Seas, pp. 69 seq. * Parl. Pap., August 1862, ' On the Prerogative, p. 25. Cf. Chalmers, Opinions, pp. 50, 373.

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