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 I. Introductory

Collection:: Economics Books

RESPONSIBLE GOVERNMENT [PART I seventeenth centuries, when colonial settlements became of importance, that the money of the subject could only be voted by a representative legislature, and that the laws of England could only be changed by a similar legislature. The Crown lawyers, therefore, adopted the view that the King had the power in any Colony by settlement (this was the technical term adopted) to empower the Governor, or other representative of the Crown, to make laws for the peace, welfare, and good government of the settlement, with the advice and consent of a Council which acted both as a legislative and executive authority and of an Assembly which consisted of the whole or the major portion of the freeholders of the Colony. It was not in the power of the Crown to legislate for such a Colony with the advice of a nominee Council only, though it was never decided in the Courts to what extent the people must be represented in the Assembly; as a matter of fact, the representation in every case was a decidedly liberal one. The other principle which guided the lawyers of the day was the doctrine then prevalent at international law of the absolute power possessed by a conqueror over the people of the country he conquered, an idea applied also to cases of cession. In their view, as the conqueror was not bound in international law even to spare the lives of those who were overcome by him, so he need not accord them any civil rights whatever, and what he did accord was his to grant and to take away. Thence followed the doctrine that the Crown has uncontrolled legislative authority over the conquered or ceded Colony.! But it would be a mistake to suppose that this status was considered a specially desirable one, even from the royal point of view, especially if, as was the case with the Colonies early so acquired, there was a chance of white settlement: in those cases the Crown was ready and willing to grant a constitution of the same liberal type as had been necessarily granted to Colonies which had been acquired by settlement. Nothing, perhaps, can illustrate 12 P. Will. 75; Smith v. Brown, 2 Salk. 666; Beaumont v, Barrett, 1 Moo. P. C. at p. 75; Cameron v. Kyte, 3 Knapp, at p. 346. ) of

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