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

CHAPTER V THE PRIVILEGES AND PROCEDURE § 1. THE CONTROL OF EXPENDITURE In every Dominion the rule of course is that moneys can only be raised and expended with the consent of Parliament. It is illegal either to levy duties or to spend money without the consent of Parliament, and the first action has been tested in the Courts and declared to be illegal, when an attempt was made to levy customs duties in Victoria without an Act of Parliament! As regards expenditure the matter is difficult to bring into court : there is no very obvious way to deal with expenditure which is not obviously merely theft, and as a matter of fact the spending of money in the expectation of parliamentary action is a regular part of parliamentary practice in some Colonies, and still prevails in the Australian States to a degree which is decidedly unsatis- factory. There are the recent and remarkable cases of the expenditure of over £700,000 by Mr. Philp’s Government in Queensland in 1907-8, when the Lower House had refused supply as a protest against the grant of a dissolution, and the much more improper case in which, at the end of the same year and at the beginning of 1909, Sir T. Bent authorized himself the expenditure of very large sums without legal sanction of any kind, and without any warrant from the Governor? In this connexion too should be noted the famous effort made by the suggestion of Mr. Higinbotham to solve the question of spending moneys without law, when there was a deadlock in Victoria, and when he allowed persons claiming moneys from the Government to bring actions to which judgement was confessed, and the sums awarded paid out. Unhappily this ingenious scheme was * Stevenson v. The Queen, (1865) 2 W. W. & A’B. L. 143; but levy of customs on a resolution in the Lower House when an Act will be passed later to legalize the levy is allowed as in England ; see ex parte Wallace & Co., 3 N.S. W. L. R. 1; Sargood Bros. v. The Commonwealth, 11 C. L. R. 258. * Cf. Victoria Parliamentary Debates, 1909, pp. 330 seq.

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