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

440 PARLIAMENTS OF THE DOMINIONS [PART Iu the power given in the Acts which are powers to lay down directions, not actual provisions. In the Canadian Provinces alteration by simple Act is the rule, but the position of the Lieutenant-Governor cannot be affected, and in Quebec! the alteration of the electoral dis- tricts, specified in a schedule (being English-speaking districts), cannot be altered unless the majority of members for those dis- tricts concur in the second and third readings, while in Prince Edward Island the proportion of Councillors and the qualifi- cations of theirelectors (being the relic of the old elective second chamber which existed from 1862 to 1893) cannot be changed except by a two-thirds majority of the Legislative Assembly? In the old Province of Canada there was very little power to alter the constitution under the Act of 1840 (3 & 4 Vict. c. 35). But by an Act of 1854 (17 & 18 Vict. c. 118), ample power was conferred to alter the tenure of office of the Legislative Council, which was at once made elective, and to alter by simple Act (instead, as before, by a two-thirds majority) the proportion of members in either House, A later Act (22 & 23 Vict. ¢. 10) permitted of the Parliament making the Speakership of the Legislative Council elective. In the Maritime Provinces all the three, Nova Scotia, New Brunswick, and Prince Edward Island, had full power to amend the constitution by simple Act, which no doubt in an important matter would need under the instructions reservation. British Columbia only achieved a representa- tive constitution before its loss of Colonial status in 187 1, but on the grant by Order in Council under an Imperial Act (33 & 34 Vict. c. 66) of a representative legislature it at once altered the constitution by Act No. 147 of 1871. ' 30 Viet. ¢. 3,5. 80. An address must be presented from the Assembly to the Lieutenant-Governor ere he assents ; this is referred to in his instruce tions from the Governor-General. For the general power, see s. 92 (1). * See Act No. 1 of 1908, s. 158, which is binding under s. 5 of the Colonial Laws Validity Act, 1865. Contra, in Provincial Legislation, 1867-1895, p. 1228 (on the Act of 1893), Sir J. Thompson argues that s. 92 (1) of the British North America Act, 1867, gives an absolute power of change which cannot so be fettered, i. e. that in thisregard the Act of 1867 is not subject. to the Act of 1865, which is a possible view.

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