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:: Chapter VIII. The constitutional relations of the houses

Collection:: Economics Books

592 PARLIAMENTS OF THE DOMINIONS [PART 111 Council exercised executive as well as legislative functions right down to 1838, when the Council was separated into two bodies, an Executive Council and a Legislative Council. Before that time the Upper House had become very un- popular, and in 1837 an address was sent to the Queen praying for the grant of an elective Legislative Council. The position was indeed anomalous, and Judge Haliburton in 1829 had pointed out that it was desirable to make the Council independent of the Governor, who had then not only the power of nomination but of suspension, and to confine it to legislative functions. He laid stress on the anomaly of the same persons passing a law as the Legislative Council, and then in their capacity as the Executive Council sitting in judgement on their own Act and advising the Governor to assent to it. The instructions to Lord Durham of 1838 accordingly, in appointing him Governor-in-Chief, provided for an Executive Council not to exceed nine in number, and for a Legislative Council, the number of whom residing in the province was not, by appointment by the officer administering the Govern- ment, to exceed fifteen. As a matter of fact, it was not the Governor-General, but the Lieutenant-Governor who carried on the administration. In 1845 the Legislative Council asked that it should be remodelled so as to have a defined constitution, with payment of members, and they also desired that members should hold by a clearly defined tenure. Lord Stanley replied in a dispatch to Lord Falkland, the Lieutenant- Governor, of August 20, 1845. Me stated that he was willing to adopt for Nova Scotia the same rule as had been adopted in New Brunswick,! under which the seats of members were vacated either in the case of bankruptcy, ‘ In New Brunswick the number of members was increased in the commission to Lord Monk to twenty-three as a maximum by local appoint- ment, the total being unlimited as far as appointments by the Imperial Government were concerned. On federation an Act (c. 30) of 1868 limited the number to eighteen and vested the appointment in the Lieutenant-Governor in Council : Hannav, ii. 278.

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