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

436 PARLIAMENTS OF THE DOMINIONS [PART 111 in Parliament in 1908, and it is obvious that the restrictions are hardly such as can usefully be retained. The question has also been discussed whether the Parlia~ ment of Tasmania has power to alter the constitution of the state by establishing one House instead of the two Houses of the Legislature—a proposal to that effect having been under consideration in 1902. The answer would not appear to be doubtful. The Colonial Laws Validity Act, 1865, would seem to be sufficient authority for any such change if it were considered desirable to make it, as its provisions are general and there is no ground on which their effect can be limited, §3. THE ALTERATION OF THE CONSTITUTION OF NEW ZEALAND In the case of New Zealand some doubt exists as to the exact extent of the power of constitutional alteration. The constitution of 18522 gave certain definite powers to the Parliament, but did not specially provide as to the alteration of the constitution. It was, however, provided by a later Act of 18573 that the General Assembly might by any Act or Acts from time to time alter, suspend, or repeal all or any of the provisions of the Act of 1852, except those specified in the Act of 1857, which included those as to the establishment of provincial councils, which became inopera-~ tive when the provinces were abolished in 1876,% and which have been since formally repealed; the provision in s. 32 as to the establishment of a General Assembly, the provision in s. 44 as to the time and place of holding the Assembly, and the prorogation and dissolution of the Assembly; the provision in s. 46 as to the taking of the oath of allegiance by members of the Legislative Council or House of Representa- * It is doubtful how far a court can question the validity of an Act on the ground of its not having been passed by the requisite majorities; the difficulty of obtaining evidence would probably be insuperable; cf. 28 & 29 Vict. c. 63, 8. 6; Bickford, Smith & Co. v. Musgrove, 17 V. L. R. 296; Harrison Moore, Commonwealth of Australia®, pp. 244 seq. ' 15 & 16 Viet. c. 72. ? 20 & 21 Viet. c. 53. * New Zealand Parl. Pap., 1876, A. 24. The power to abolish was given yy 31 & 32 Vict. c. 92.

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