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. m1] THE UNION OF SOUTH AFRICA 965 preside, and the rules of the Assembly shall prevail. Ministers may speak in either House, but can only vote in that House in which they have seats (s. 52). The Parliament is given plenary power of legislation for the Union,? subject to the requirement of the royal assent and the possibility of disallowance by the Crown. The Governor-General is to declare, according to his discretion, but subject to the provisions of the Act and also to the royal instructions, that he assents in the King’s name, or that he withholds assent, or that he reserves a Bill for the signification of the King’s pleasure. He may also return a Bill with amendments for the further consideration of the House in which it originated. The King may further disallow any Act within a year after the assent of the Governor-General, and such disallowance will, on being communicated to Parliament by speech or message or by proclamation, have offect as annulling the law. Similarly a reserved Bill must be assented to within a year of the time when it was presented to the Governor-General for the royal assent, or it will have no effect. These rules differ in one or two points from the established practice. They follow the example of the Commonwealth in leaving to the Governor-General’s discre- tion the question of reserving Bills, and in the original draft made no allusion to the possibility of instructions being given by the Crown to the Governor-General, a possibility expressly recognized in the British North America Act, 1867 (s. 55), and in the Australian States Constitution Act, 1907. Of course this did not really prevent the giving of instruc- tions, as the Governor-General as an Imperial officer is subject to His Majesty’s directions, or again the discretion he is to use is not, it may be said, his individual discretion, but his discretion as an Imperial officer ; but to avoid doubt the Bloemfontein Conference inserted a reference to the royal t So also in Vietoria under Act No. 1864, but there not as of right but by permission, and only one minister at a time can use the permission; the Union provision is that formerly in force in the Transvaal, Orange River Colony, Cape, and Natal. ' g5, 59-67. This was advised by the Chief Justice of the Cape.

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