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

456 PARLIAMENTS OF THE DOMINIONS [PART III theoretically possessed by the House of Commons, may be regarded as obsolete by reason of disuse. The Union Act of 1911, however, like the Cape Act of 1883, recognizes the power. The Tasmania and Queensland Acts contain also a power to the Houses to direct a prosecution against any person who infringes the rights of the Houses or members by committing any offence cognizable by the Supreme Court, and such offences can be punished by fine and imprisonment not to exceed two years. It may seem somewhat anomalous that the Parliaments which have no constitutional rule regarding the extent of their privileges should have power to confer such privileges as they deem desirable. But the fact is of little importance : it is fairly certain in the Provinces of Canada that any effort to arrogate great power would lead to the disallowance of the provincial Act by the Dominion Government, and in point of fact it does not seem that any provincial legislature has yet attempted to take too great powers, though no doubt ample powers have been taken from time to time. It may also be argued that the limitation of the powers of the Dominion House applies to the provinces. In the other States and Dominions the practice has been, where powers are taken, to follow the House of Commons claims as actually exercised at the present day, and not to extend them. New South Wales indeed, for whatever cause, has taken no real privileges at all.? It is possible indeed that New South Wales may hold the view that the privileges which it could take are restricted to making the rules for standing orders which are specified in the Constitution Act and which it has exercised. It may be that it is held that this grant implicitly excludes any * See Provincial Legislation, 1867-95, p- 88. Ido not think this areument sound. ! New Zealand, which has only power as to standing orders under 15 & 1G Viet. ¢. 72, 8. 52, by the Parliamentary Privileges Act, 1865, gave both Houses the Commons privileges as at January 1, 1865, and this is still law; see the Statutes, 1908, No. 101, s, 242. The Cape legislated in 1854 by Act No. 1, and see Act No. 13 of 1883. For Newfoundland see Consolidated Statutes, c.2,5.10, Queensland has made its privileges a part of the constitu- tion by 31 Vict. No. 38, ss. 41-56. For Canada see 31 Viet. ¢. 22, and now Revised Statutes, 1906, ¢. 10; for Tasmania, 22 Viet. No. 17: 49 Vict, No. 25.

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