Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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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

450 PARLIAMENTS OF THE DOMINIONS [PART III in Victoria two cases have been decided which show the very full nature of the power which the Parliaments are able to confer upon themselves; it was held in Dill v. Murphy? that the Parliament could commit the appellant in that case for a libel upon one of its members, and in the case of the Speaker of the Legislative Assembly of Victoria v. Glass? it was held that the Assembly could exercise the power of committing for contempt without specifying the nature of the contempt, which in England is the supreme example of the power of the House of Commons, as it makes it in theory able to commit any person whatever for an unspecified con- tempt, although, were the contempt alleged to be specified, it is clear that, if not really a contempt, the Courts would interfere and release the person committed on a habeas corpus. In Canada the case has been of some interest because of the view firmly held for a long time by Canadian ministers of justice that provincial legislatures were very humble bodies and need not be allowed to arrogate to themselves high powers. The Parliament of Canada itself was given such privileges as might be appointed by law, but so as that such privileges should never exceed those enjoyed by the House of Commons in England at the date of the passing of the British North America Act. In 1868 an Act of the Federal Parliament conferred power upon committees of the Senate to examine witnesses on oath, and was not, by inadvertence, disallowed, for it was clearly wlira vires as giving a power not possessed by the House of Commons committees in 1867. In 1873 the matter came more pro- minently forward with regard to an Act of that year giving power to both Houses and their committees to examine witnesses on oath. The Governor-General assented to the Act, though aware that its validity was doubtful, but asked the Imperial Government to consider the matter carefully, with the result that, while the Act was disallowed, the Imperial Parliament in 1875 altered the provisions of s. 18 of the British North America Act by making the limitation on the power of the Dominion Parliament merely that of not passing any Act which gave privileges greater than those * 1 Moo. P. C. (N.S.) 487; 1 W. & W. L.3342, #3 P. C. 560,

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