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

774 THE FEDERATIONS AND THE UNION [part IV assent of the Crown cannot be given to any such Bill until the Legislative Assembly has presented an address to the Lieutenant-Governor, reciting that the assent of such majority has duly been given, and the instructions to the Lieutenant- Governor remind him of the obligation. This clause was inserted at the desire of those who wished to secure for the districts in question, which were in part British and not French, that their votes should not be swamped by their merger with other French-Canadian districts.* This express provision must override, it would seem, the general power to amend given by s. 92 (1) of the Act of 1867, which allows the amendment from time to time, ‘ notwithstanding anything in this Act,” of the constitution of the province, except as regards the office of Lieutenant-Governor. But though such an Act, which merely changed the districts, would require to be so passed, it does not seem that an Act abolishing the proviso itself could need more than ordinary majorities, in which case the proviso could first be repealed and then the Act passed. The position has not yet arisen, for the main change made in the constitu- tion by the province is the increasing of the period of the Legislature to five years in place of the four contemplated in the Act of 1867. The other provinces have also changed their constitutions : in New Brunswick the Upper House has disappeared by an Act of 1891, and in Prince Edward Island the same fate has befallen it by an Act of 1893 ; in Manitoba it went in 1876, after a brief existence of six years. In British Columbia the constitution from being a Crown Colony one was before federation made by local Act representative, it being agreed in the articles of union 2 that this would be the case. ' They are now mainly French, Times, June 24, 1911. * This is an interesting case, according to Lefroy, p. 749, n. 1, for before anion the province, having a non-representative legislature, had no power of alteration ; the power was then given by the Order in Council approving the union, which has, under 30 Vict. ¢. 3, the force of an Imperial Act. But this is an error; by Order in Council of August 9, 1870, a representative legislature was constituted under the authority of 33 & 34 Vict. c. 66, and responsible government was created by Act No. 147, 1871.

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