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

cHAP. 111] THE UNION OF SOUTH AFRICA 947 were to have Councils or Parliaments, the details of the Constitutions being left to the Crown to decide. The Act, however, provided, on the model of the British North America Act, by ss. 33 and 34, for the exercise of powers by the Union and Provincial Parliaments respectively. The classes of subjects given to the two Legislatures were almost exactly the same as those laid down in ss. 91 and 92 of the British North America Act. The Provincial Councils had, therefore, exclusive powers in all merely local or private matters. The power of disallowance of such laws was vested, as in Canada, in the Governor-General. The distribution of legislative powers was not absolutely deter- mined by the Act, because by s. 37 power was given to vary by Order in Council the distribution of powers laid down in 38. 33 and 34. Power was given to the Union to organize a Supreme Court of Judicature and a general Court of Appeal; but it was expressly provided (s. 51) that no Act of the Union Parliament should be sufficient to abridge the power of the Crown to grant special leave to appeal to the Crown in Council. The Parliament and Government of the Union were given, by s. 54, the same powers as were given to the Government and Parliament of the Dominion by s. 132 of the British North America Act with regard to treaties. All laws respecting natives or native affairs or immigration, and all laws passed by the Provincial Councils relating to the tenure of land, were required to be reserved unless owing to some urgent emergency, when the law could be assented to, but had to be sent home at once. The Constitution could be altered by Act of the Union Parliament, but such a Bill required to be reserved under s. 56 of the Act. Power was taken for the admission of new members into the Union by Order in Council on addresses from the Union Parliament and the Legislature of the territory to be admitted. On admission, the territory admitted was to be entitled to pro- portionate representation in the Legislative Council and the House of Assembly. The most significant parts of the Bill from the constitu- tional point of view were perhaps the assertion in s. 11 that ce?

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