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

CHAP, 1] THE DOMINION OF CANADA 737 the prerogative right of disallowance by the Federal Govern- ment would always be considered a harsh exercise of power, unless in cases of great and manifest necessity, or where the Act was so clearly beyond the powers of the local legislature that the propriety of interfering would be recognized at once. They also admitted that the power could even be applied to a law over which the Provincial Legislature had complete jurisdiction, but it would always be a difficult Matter for the Federal Government to substitute its opinion instead of that of the legislative assemblies in regard to Inatters within their province, without exposing themselves bo be reproached with threatening the independence of the Provinces. There were, however, even in this period cases of disallowance of Acts on other than legal or constitutional grounds, or the withholding of the assent to Bills which had been reserved, but these were mainly in respect of enact- ments of British Columbia! and Manitoba,? which stand a peculiar position to the more settled provinces of the cast, especially as regards land surveying and the regulation of the legal profession. One interesting case arose as regards Quebec ; the Lieutenant-Governor assented in 1877 inad- vertently to a Bill which he was assured had duly passed both Houses ; ag 5 matter of fact it had done so, but had only been read twice in the Assembly, and on finding out the orror the Dominion Government was asked by the Lieutenant- Governor to take steps to disallow the Act. Mr, Blake, however, as Minister of J ustice, declined to comply with this request, pointing out that the assent, having been improperly 8lven, was mere nullity, and suggesting that the disallowance of a nullity would be improper, though the Quebec Legislature Might pass, if it liked, an Act next session declaring that the Act of the previous session was void : it did not do so, but It Was agreed not to print the Act among the Acts of the Session, and so it never appeared as an Act at all on the Statute book? In 1876, however, a Manitoba Act (38 Vict. ©. 37) was disallowed because it had not been duly published Canada Sess. Pay., 1877, No. 89, p. 174. hid, Pp. 179, 230, 307. ® Ibid., 1879. Nos. 19 and 26.

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