Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

Bibliographic data

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

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

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 III. The Parliaments of the Dominions

Collection:: Economics Books

368 PARLIAMENTS OF THE DOMINIONS [PART 111 legislate within the limits of its constitution. Nor could it so legislate as to permit itself to become a member of a federation. It was clear that for this purpose an Imperial Act was required. This principle was maintained steadily in Australia, where, however, it might have been held to be rendered necessary by the fact that Imperial legislation was required to create a federation in view of the fact that all the Colonies in the Commonwealth owed their constitutions to Imperial legislation. But it was equally held to be necessary in the case of the South African Colonies when they formed a Union in 1910. In that case the Colonies all owed their position to letters patent, and it could not be maintained that the need for an Imperial Act was due to existing Imperial legislation. It was clear that the need was simply based on the essential position that a Colony cannot alter its Colonial status by becoming part of a federation, and that uo concert of neighbouring Colonies can produce this effect. If a Colonial Legislature cannot extinguish itself it cannot abolish the Colonial Governor as the representative of the Crown controlling the executive authority of the Colony. It is indeed still regarded as important not to insert provisions in Colonial laws defining in any way the appointment of the Executive Government; thus in the case of the Natal Consti- tution the proposal of the select committee of the Legislative Council which drafted it to insert a clause providing for the appointment of the Governor by the Crown was omitted at the request of the Imperial Government, as it was not a convenient manner in which to legislate? and in 1906 the Parliament of South Australia3 would not proceed with a Bill introduced at the suggestion of the Chief Justice to regularize the position of the Deputy Governor because it was held to be a matter of prerogative and not a fit subject for legislation. The Chief Justice’s doubts were of course * The Government of South Africa, i. 452-4. Parl. Pap., C. 6487, pp. 42 {Clause 3 of Bill No. 2, 1890-1) and 72. ! See House of Assembly Debates, 1906, p. 141; Legislative Council Debates, 1906, p. 191.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 1)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation