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

CHAP. Iv] ALTERATION OF THE CONSTITUTION 429 Same section to the Parliament of South Australia, both of these Parliaments being constituted by a local, not an Imperial Act. In all these cases, however, under s. 7 of 7 & 8 Vict. ¢. 74, reservation was unnecessary if the Governor either refused assent to the Bill or assented to it in accordance with in- structions previously received from Her Majesty. This was approved only for the case of New South Wales by the section as originally passed, but it was extended by the Act of 1850 to the other Colonies then existing. On the other hand, it Was not expressly adopted in the Queensland letters patent, and it is therefore doubtful whether it was in force there. In addition to these comparatively simple requirements it was provided in s. 32 of the Act of 1850,! that there should be reserved and laid before the Imperial Parliament before assent all Bills (1) Altering the laws concerning the election of the Elected Members of the Legislative Council : (2) Altering the laws concerning the qualifications of electors and elected members : (3) Establishing in the place of the Legislative Councils at that time existing other separate Legislative Houses : (4) Vesting in such separate Legislative Houses the powers and functions of a Legislative Council. It applied as originally enacted to all the Colonies except Queensland, and was incorporated in the letters patent of June 6, 1859. As regards classes 3 and 4 its effect may be regarded as spent, and the power of altering their constitu- tions by ordinary legislation is given to all the Colonies by 8. 5 of the Colonial Laws Validity Act, 1865. The result of these provisions seems to be as follows : by s. 2 of 25 & 26 Vict. c. 11, it was provided 2 that reservation and laying before Parliament required by s. 32 of the Act of 1850 applied only to Bills passed by the original Legislative Councils of New South Wales, Victoria, Van Diemen’s Land, and South Australia, and the necessity for reservation and laying before Parliament arises only from the subsequent ' 13 & 14 Viet. ¢. 59. The section is obscure ; possibly it referred only to classes 3 and 4.

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