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 439 No. 14 of 1893; it was left for the Governor to reserve if any essential principle was involved. In the case of the Transvaal and Orange River Colony the letters patent of December 6, 1906, and June 5, 1907, consti- tuting responsible government required the reservation of Acts altering in any way the letters patent or providing for the introduction of indentured labour, or imposing! upon non-Europeans disabilities which were not so imposed upon Europeans, but the inconvenience of these provisions was much modified and greatly reduced by the rule that reserva- tion was not required if the Governor has previously obtained instructions with regard to such law through the Secretary of State or the law contained a clause suspending its operation until the proclamation in the Colony of the royal assent. § 5. NEWFOUNDLAND AND THE PROVINCES OF CANADA Special considerations apply to the alteration of the federal constitutions, and the question will be more conveni- ently dealt with in Part IV. There remain Newfoundland and the Canadian Provinces. In the former there is full power to change the constitution by a simple Act, though on the principle laid down in the Queensland case, not by mere inconsistency. This is, however, subject to the same doubt as in New Zealand, for an Imperial Act? allows the Crown to provide regarding the qualification of members of the House of Assembly, the qualification by residence of electors, the simultaneous holding of elections, and the recommendation of Money Bills by the Governor. This power has been exercised by instructions of May 4, 1855, confirming earlier instructions of 1842, and, as regards electoral matters, the rules so laid down appear in the Con- solidated Statutes of 1892. It is probable that these rules can be altered by local Act simply under the general power in the Colonial Laws Validity Act, 1865, though it is clear that the Crown could amend such legislation by fresh exercise of ! Ttis probable but not certain that a consolidating Act does not impose. There is no legal decision on the point, * 5 & 6 Viet. ¢. 120, confirmed and made permanent in part by 10 & 11 Vict. c. 44. See instructions of Sept. 1. 1842.

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