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

cHAP. v] THE PRIVILEGES AND PROCEDURE 471 the delegation is hardly necessary and is not requisite. In the Dominions the English practice in these matters is followed, but in some of the Provinces of Canada there is power to prorogue indefinitely without fixing a day, and this is done, avoiding frequent prorogations. In New Zealand in 1909 the question arose whether when Parliament stood prorogued to a definite date its meeting could be accelerated, but this was not done, and in the absence of statutory provision it would seem that it could not legally be done. There is legislative provision in Tasmania and Victoria under which the Governor can summon the Legislature for a date not nearer than six days. The rule is now regular that the Legislatures of the Dominions are not affected in any way by the demise of the Crown,? there being statutory enactments to that effect in nearly all the Dominions, save the Commonwealth of Australia, and in that case, when the question arose in 1910 on the death of King Edward, it was held that the Parliament was not affected by the demise of the Crown. Mr. Justice Clark has argued that the demise of the Crown produced the result merely by common law, and that without local legislation every Parliament resting on a statutory basis ipso facto is exempt from the rule of common law. It need hardly be said that in convoking, proroguing, and dissolving Parliament the Governor acts on the advice of ministers, just as in all other matters. It is, however, a matter which might cause difficulty if ministers desired to break the law as to the holding of annual sessions, but there is no probability of this giving rise to a dispute. In the Cape during the war the constitution was so violated, but with ministerial advice and inevitably in view of the rebellion raging, and the defect was cured by an Indemnity Act. * There is no delegation in the instruments issued to provincial Lieutenant- Governors, and yet they exercise the powers of the Crown; cf. Canada Sess. Pap., 1877, No. 13, p. 10 (Mr. Blake). ? Devine v. Holloway, 14 Moo. P. C. 290. Cf. as to offices 1 Will. IV, c. 4; 1 Edw. VIL c. 5. See also Anson, Law of the Constitution®, II. i, 251-4; Quick and Garran, Constitution of Commonwealth, pp. 462~4. The older rule applied to the New Brunswick Legislature in 1820 and 1830; Hannay, i. 445.

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