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.1v] ALTERATION OF THE CONSTITUTION 435 tion in regard to the aborigines, was found to have been invalid because of the non-observance of the exact procedure in regard to the proclamation of the royal assent, and required to be re-enacted in the proper form in 1905 by s. 65 of Act No. 14. The inconvenience of the procedure in the case of majorities was also illustrated by a case in Victoria in 19031 Tt was there questioned whether the Constitution Amendment Bill, No. 1854 of that year, was, strictly speaking, valid. Among various points which were raised by petition presented to the Governor was whether the validity of the Bill was affected by the fact that Parliament sat in a different place from that named in the Governor’s Proclamation as the place for holding the Session of Parliament ; also whether the Bill was substantially altered after the second and third readings in the Lower House and before it was finally agreed to, and whether in view of its being substantially altered it should properly have been presented for the assent of the Governor. It was provided by s. 60 of the constitution, that alterations of the constitution of the Houses were subject to the second and third readings being passed with the con- currence of an absolute majority of the whole numbers of the members of the Legislative Council and of the Legislative Assembly. It was suggested, therefore, by opponents of the validity of the measure that no amendments could be allowed between the second and third readings of the Bill in the Lower House and its readings in the Upper House. The Bill was largely amended by alterations being made after a free conference between the two Houses. It is clear that the alterations and the general procedure were not at all satisfactory, but it does not appear that the irregularities were sufficient to render the Bill null and void. At any rate the royal assent was not withheld from the Bill, and it must be presumed that it was not held by the Imperial Govern- ment to violate the provisions of s. 60 of the Schedule. Nevertheless the validity of the Act has since heen questioned ! Cf. the discussion in 1909, Victoria Parliamentary Debates, 1909, pp. 3303 50. ; and sec Melbourne Herald, May 14 and 15, 1903. The discussion ignores the validating effect of 7 Edw. VIL c. 7. fo

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