Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

73¢ THE FEDERATIONS AND THE UNION [PART IV of the Dominion where there was concurrent power, and (4) as affecting the interest of the Dominion generally. This principle was laid down finally on June 9, 1868, and in substance the procedure has not been changed : the report of the Minister of Justice is the important part of the case. In strict constitutional theory it may be that the Dominion should have contented itself with the disallowance of unconstitutional or illegal laws, as Lord Carnarvon argued with so much energy in 1873-5:2 in practice, it did nothing of the sort, but decided to supervise very closely the pro- vincial legislation, especially when the correspondence with Lord Carnarvon ended in the virtual abdication by the Colonial Office of the view that in case of doubt the Secretary of State should be applied to as having authority to direct the Governor-General. In many cases Acts have been allowed to remain in operation, though they are clearly in part ultra vires, if the rest can be separated and therefore allowed, while the Legislature has been asked to take steps to amend the part which was invalid, or sometimes, if the Dominion was able to legislate, it has passed legislation not exactly to validate, for that could not be done if the Act were ultra vires, but to secure the same effect as was aimed at in the Provincial Act. The examples of disallowance are decidedly numerous, though perhaps fewer than might be expected when the prodigious legislative output of the provinges is taken into account : thus a return made for the use of Todd ® showed ! Canada Sess. Pap., 1869, No. 18; 1870, No. 35, pp. 6, 7; the reports are published up to 1906, and are here cited as Provincial Legislation. As legal opinions as to constitutionality and so forth they are valuable, though not of course authoritative ; of. observations on this point in 39 S. C. R. 405, at pp. 413-15, by the C.J. ; Blake in Lefroy, op. eit., p. 141, note. * Cf. Lefroy, pp. 197, note 4, 198; Adderley, Hansard, ser, 3, clxxxv. 1319 ; Mills, Canada House of Commons Debates, 1889, p. 876. * Parliamentary Government in the Colonies, p. 271. Up to 1882 the total number was only thirty-one; out of 6,000 Acts for 1883-7, fifteen Acts were disallowed ; see Canada Sess. Pap., 1882, No. 141; 1885, No. 29 ; Munro, Constitution of Canada, pp. 260, 261. Up to 1906, 86 were dis- allowed: Ontario 8, Quebec 4, Nova Scotia 6, New Brunswick 1, Manitoba 27, British Columbia 40, Prince Edward Island none. In Ontario 3 were

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