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

594 PARLIAMENTS OF THE DOMINIONS [parr 111 down to the date on which Nova Scotia entered the Union was there any provision that councillors should hold for life ; on the contrary, it was expressly provided that all members shall hold their places in the said Council during pleasure, provided always that the total number of the Council for the time being resident in the province should not at any time, by provisional appointments by the Governor, which was a normal way of making appointments, be raised to a greater number than twenty-one. Full power was given to the Governor to remove or suspend any officers, but no conditions of removal or suspension were specified, and a special provision was made that councillors absenting themselves above the space of six months without leave from the Lieutenant-Governor, or a year without leave from the Crown, should cease to be members. In 1883 the Legislative Council of Nova Scotia had to consider the position of a member who had become a bankrupt. A committee investigated the facts and reported in favour, if possible, of the removal of the member in question. Counsel were asked to advise, and they held that all appointments were during pleasure and that officers could be dismissed by the Lieutenant-Governor. Mr. Macdonald resigned in consequence of Lieutenant-Governor Archibald calling his attention to the matter in accordance with the precedent set in 1861, when Lord Stanley authorized Lord Falkland to call upon a certain member of the Council to resign on the ground of bankruptcy. It is clear that previous to 1867 the Legislative Council was not, as has been repeatedly stated, really limited in number to twenty-one. It was precisely in the same position as the Legislative Council of Newfoundland; that is to say, the Crown could add as many members as it desired, but the Governor could not, so that any swamping would require the sanction of the Crown and its direct action by the appointment of fresh members by warrants. Moreover, it is perfectly clear, though Bourinot suggests otherwise, that the members held technically during pleasure, though equally it was obviously the intention that they should not

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