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

oHAP. 11] THE COMMONWEALTH OF AUSTRALIA 935 the first, which was carried it will be noticed by about three times the majorities of the answers to the second and third questions, negatived the answers to the second and third, no action was or could be taken on the result of the referendum. As mentioned above, no instance has yet occurred in which the difference of opinion between the two Houses has been settled by the referendum. Provision for settling differences between the two Houses in this manner does not form any part of the ordinary Colonial Constitution. The only exceptions to this rule are that of the Commonwealth in the case of constitutional alterations and that of Queens- land. The first case is, however, quite exceptional, and it is only adopted because every constitutional alteration requires a referendum, and as the whole trend of the issue of the referendum in such cases means that the will of the people is to be superior to the will of Parliament, it is natural that the referendum should be allowed to decide whether or not the two Houses agree. But for ordinary deadlocks there is no such provision at all. The procedure in such cases is a joint sitting of the members of the Senate and the House of Representatives, which follows upon a dissolu- tion of the two Houses preceded by the passing twice of a Bill by the Lower House and its rejection by the Upper House. It is worth noting that in the case of a constitutional alteration either House can bring about a referendum, which again is in harmony with the principle of the referendum. In the case of Queensland, under Act No. 16 of 1908, whenever a Bill has been twice rejected by the Legislative Council, the Governor in Council may, after the close of the session in which the Bill was rejected for the second time, direct that the Bill shall be submitted by referendum to the slectors, and thereupon the electors are entitled to vote, and on a majority of the votes recorded being in favour of the Bill the Bill shall be presented to the Governor for the royal assent. A Bill is deemed to be rejected a first time when it has been passed by the Legislative Assembly not less than one month before the close of a session of Parliament, and then transmitted to the Legislative Council, which before the close of the session has either rejected or failed to pass the Bill, or passed the Bill with any amendment in which the Legislative Assembly does not concur. A Bill is deemed to have been rejected a second time when the Legislative Assembly in the next session of Parliament has, after an interval of not less than three months from the first rejection of the Bill, again passed the Bill, or a Bill substantially the

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