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

452 PARLIAMENTS OF THE DOMINIONS [PART ITI but in substance re-enacted by c. 42) was allowed to stand, but in 1874 there was again a disallowance, this time of a Manitoba Act (36 Vict. c. 2); and in 1876 there was fresh legislation, and this time not disallowed, in both Ontario (39 Vict. c. 9) and Manitoba (39 Vict. c. 12). In Landers v. Woodworth, while, as noted above, negativing the power of a legislature without express statutory authority to punish for a contempt which did not actually obstruct business, the Supreme Court of Canada in 1878 expressly said: ‘The Legislatures of Ontario and Quebec seem to have conferred on the House of Assembly in these provinces extensive powers to enable them effectively to exercise their high func- tions and discharge the important duties cast upon them. It may be necessary still further to extend their powers. The legislatures of the other provinces will probably consider it desirable to take the same course, and in that way unmis- takably place these tribunals in the position of dignity and power which it is desirable they should possess.’ The decision had been anticipated by the Legislature of Nova Scotia by c. 22 of 1876, which gave both Houses the same privileges as the Houses of the Dominion Parliament, and both this Act and the Ontario and Manitoba Acts were left to their operation. The Minister of Justice of Canada evidently was strongly in favour of the view that they were invalid, but he did not go beyond recommending that the attention of the Government of Nova Scotia should be drawn to the provisions of the Act deemed undesirable, with a view to their amendment.! But Nova Scotia, having obtained the Act it desired, had no intention of altering it. The other provinces also passed Acts regarding the privileges of the legislatures, New Brunswick? and Prince Edward Island? in 1890, Alberta ® and Saskatchewan’ being of course the latest to do so. In British Columbia, by c. 47 of the Revised Statutes the privileges of the House are not to exceed those of the British House of Commons. ! Canada Sess. Pap., 1877, No. 89, pp. 108-14, 201. * 53 Viet. ¢. 6. Cf. 33 Vict. c. 33; Revised Statutes, 1903, c. 5. * 53 Vict. c. 4, 5. 110; 56 Vict. c. 1, ss. 8-11; 8 Edw. VIL c. 1, 8s, 8-11. $1909, c. 2, % 1908. c. 4.

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