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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

CHAPTER 1V I'HE ALTERATION OF THE CONSTITUTION y 1. THE CONSTITUENT AUTHORITY OF Dominion PARLIAMENTS THE next restriction on the powers of Colonial legislatures arises directly from the preceding, namely the need of not being repugnant to an Imperial Act. The Colonial Laws Validity Act, 1865, recognizes the constituent character of all representative legislatures, and allows it full play subject only to a proviso that the legislation by which the constitu- tion is altered must observe any rules laid down by Act of Parliament, letters patent, Orders in Council, or Colonial Acts applying to the Colony. The Act makes it clear that & non-representative legislature has no power of constitu- bional change ; it can in fact be altered only by the authority which created it in the original case: thus constitutions of ordinary Crown Colonies granted by letters patent in one form or another can only be altered by the same mode of procedure or Imperial Act, and it is only an apparent exception when the Cape was allowed by letters patent of May 23, 1850, to alter its constitution by an ordinance : the ordinance was merely a convenient means for allow- ing the constitution to be drafted locally, and it was specially ratified and altered by Order in Council of March 11, 1853, which is with the earlier instrument the real basis of the constitution. In some cases legislatures not now repre- sentative have been so in the past, and have by Act vested their full powers in legislatures now existing, which therefore have power in virtue of that fact to change their

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