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 II. The commonwealth of Australia

Collection:: Economics Books

crap. 11] THE COMMONWEALTH OF AUSTRALIA 891 It may be that these principles will be upheld by the High Court, but it is certainly doubtful if they can be regarded as valid. It may be added that, from the parliamentary point of view, exception has been strongly taken to judicial inquiries into matters which lie within the sphere of the action of Parliament. Thus in 1873, when the attempt by the Government of Canada to set up a select committee with power to examine witnesses on oath in connexion with the Pacific Railway scandals broke down owing to the disallow- ance of the Act conferring upon the committees the power in question, as being repugnant to the limitations on the privileges of Parliament imposed by the British North America Act, 1867, a royal commission of three judges was set up by the Government. To the royal commission very strong exception was taken by Mr. Seth Huntingdon, the Liberal member who in April 1873 had demanded the inquiry into the charges he adduced against the Government of Sir John Macdonald, and he declined to give evidence before the commission or aid them in any way, on the ground that the isSue of the royal commission was an improper inter- ference with the privileges of Parliament.! The same question was hotly discussed in 1910 in Western Australia, when the Government, as a result of attacks on the Lands Department, set up a commission of inquiry. It was protested by the Opposition that this was a flagrant violation of the freedom of parliamentary discussion, and an abrogation of the responsibility of ministers for parliamentary sriticism. It was pointed out that the powers given by the Act of 1902 would enable the commissioners to call upon the members of the House to give evidence under penalty, and that such action logically was a denial of the privilege of free speech. Stress was laid on the English precedents, and especially on the case of the Act of 1888 for the setting up of the Parnell Commission. That Act was, it was asserted, a very improper use of the legislative power, but it was a recognition of the fact that royal commissions could not 1 Parl. Pap., C. 911, pp. 77 seq., 87, 90.

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