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

$48 PARLIAMENTS OF THE DOMINIONS [PART III came before the Privy Council in 1908, the question was the legality of a decision of the Legislative Assembly to suspend Mr. Crick from the House of Assembly while certain inquiries were proceeding in the Courts as to his conduct as Minister of Lands. It was argued against the validity of the action taken that the power to protect their proceedings could not require that a. member should be removed from the House. But the circumstances turned out to be very peculiar : a committee had brought in a report and would have con- sidered it, but were prevented from doing so by the legal proceedings which were impending, and the Privy Council held that under the circumstances the expulsion of Mr. Crick from the House was perfectly legitimate under the special standing order made for the occasion. On the other hand, when legislation has taken place, there can be no doubt of the powers of the Parliament. This legislation is not only possible under the general legislative power of the Colonies, but is often expressly conferred in the Constitution Acts, where it is normally given as a power to confer by legislation on the two Houses of the Parliament, and on the members of those Houses, powers equal to or less than those of the Lower House of the Imperial Parliament : this is the case, for example, in the constitutions of Victoria! of Western Australia,? of South Australia ® and of Natal? There may be added the fact that in all these cases the powers could be increased by an alteration of the constitution carried out in the form prescribed for such alterations, but as the constitution stands, in no case could simple legislation alter the powers conferred by the Acts which establish the sonstitutions. In the case of the Commonwealth of Australia’ ' 18 & 19 Vict. ec. 55, sched. s. 35 ; the law was laid down in Act 20 Viet. No. 1; see now Act No. 1075, s. 10. ' 53 & 54 Vict. c. 26, sched. s. 36, exercised by 54 Vict. No. 4. This applics to the powers of the Imperial Parliament from time to time, not merely as in the case of Victoria and South Australia to the powers of that Parliament when the constitution was granted. ' Act No. 2 of 1855-6, 5. 35. Sec Acts No. 14 of 1872 and No. 430 (1888). * Act No. 14 of 1893, 8. 42 (exercised by Act No. 27 of 1895), which veeords with the Western Australia model. 5 63 & 64 Vict. ¢. 12, Const. s. 49.

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