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

car. viii] RELATIONS OF THE HOUSES 597 Secretary of State the matter must rest on the terms of the royal commission, which was, as Bourinot fails to recognize,! an instrument under the Great Seal, and there- fore of superior validity to a dispatch, especially when it is perfectly clear that it was the intention of the Imperial Government to provide by a formal instruction for a tenure during pleasure which would practically, under informal instructions, be a tenure for life. On the other hand, while it is most clear that the Lieutenant-Governor could dismiss every member of his Council and by new appoint- ments call into being a Council which would support the views of the Lower House, such an act would be gravely unconstitutional. and should not be adopted save in the last resort. New Brunswick, which had two Chambers, retained the nominee Upper Chamber for a time, but it was felt that no useful purpose was served after Federation in maintaining two Chambers, and eventually the Upper House was induced to allow itself to be extinguished. An Act (c. 9) was passed in 1891 abolishing the Legislative Council from the end of the then Parliament, and the Council came to an end with the dissolution of 1892. In the case of Prince Edward Island the second Chamber also has disappeared, having been abolished by local Act (c. 21) of 18932 In the case of Manitoba a bicameral legislature—the Upper Chamber limited in number but nominee *—was created by the Dominion Statute (33 Vict. ¢. 3) which created the province, but it was definitely pronounced against by the new Premier, Mr. Girard, in 1874: Bills to * Governors are not now appointed by instruments under the Great Seal, but: that is because there is permanent provision for the office of Governor by permanent letters patent. * From 1862 (c. 18) the Upper House was elective, and hence the Act of 1893 (now 1908, c. 1) does not abolish the distinction entirely, but causes part of the members of the one Assembly to be elected on a small property franchise, while the rest are elected on a manhood suffrage. * It was first to have seven, and after four years not exceeding twelve members ; see Provincial Legislation, 1867-95, pp. 806 seq.

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