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

cusp. m1] REPUGNANCY OF COLONIAL LAWS 403 Committee of the Lower House, which evidently in great measure understood the position, allowed him the full right of such examination, as did the Governor. Then he im- peached the validity of the Constitution Act itself, No. 2 of 1855-6, on various grounds. For one thing, he thought that it was not possible to abridge the prerogative of dissolving an elective House, viz. the Council, as was done by the Act, unless the Imperial Parliament gave express authority to do so. He also held that it was not possible for the Colonial Legislature to abridge the prerogative by requiring that the Attorney-General should be selected from officers in Parlia- ment, and he criticized the provisions of the Act for omitting to require re-election of members who accepted office after being in Parliament. He also impeached the validity of the Real Property Act, because it deprived the suitor in real property cases of a jury trial as laid down in Magna Charta, and further because the Bill should, in his opinion, have been reserved under the royal instructions, and had not been reserved. He persisted in this view, though the Governor pointed out to him that Lord John Russell had expressly laid it down that the instructions were not a legal matter which if disobeyed would invalidate assent, but a direction to the Governor which he had a personal duty to obey, but disobedience to which did not render an assent invalid. He also held that the Electoral Acts were invalid because they had not been reserved as required by the constitution, and that all the Customs Acts were invalid for the same reason. There can be no doubt that in some respects the judge was unreasonable and wrong-headed: he went so far as to declare that an Act was invalid which imposed a duty of ten shillings on the importation into the Colony of French brandy, because it was at variance with a treaty, the truth being that in the treaty with France the Queen had under- taken to recommend to Parliament the levying of a duty of eight shillings on brandy imported into the United Kingdom. On the other hand, the law officers in England upheld him on one point, and that unfortunately of cardinal importance : they held that it was necessary that the Dd?2

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