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

972 THE FEDERATIONS AND THE UNION [PART 1V assent, or reserves the Bill for further consideration ; in the last case he must assent, if at all, within a year from the first presentation for assent. The Administrator has no veto on legislation, and though he can speak in the Council he does not vote. The last provision secures, of course, to the Union Govern- ment full control over the legislation of the provinces. Moreover, it may be taken for granted that the control is intended ‘to be exercised freely, and that there is no under- standing that the provincial legislation should only be dealt with in so far as it contravenes the competence of the provincial legislatures. In Canada the claim has from time to time been asserted by the provinces that in all matters of provincial competence the Dominion Government must not interfere, but though the Dominion Government have admitted that in most of the cases they should not interfere with provincial legislation, they have never hesitated to affirm in principle and in practice the right of the Dominion to control legislation which runs counter to the general policy of the Dominion, even if that legislation be passed on some topic in respect of which the legislature of the province alone is capable of deciding. So for many years the railway policy of the Dominion was carried out by disallowance of provincial legislation which conflicted with it.! The same rule will apply in the Union, and with all the greater force inasmuch as the control of the Union over the province is generally much greater than in Canada. It appears clear that the legislative power of the Union is not fettered by this establishment of Provincial Councils, and that its legislation is paramount to any provincial legislation. It might, indeed, be argued that the Union Parliament could not legislate for merely provincial matters, as its function is to legislate for the peace, order, and good government of South Africa. But it is clear that the only judge of what is desirable for the peace, order, and good government of South Africa is the Parliament itself, and ' See above pp. 739 seq., and cf. Sir W. Laurier in House of Commons Debates, 1910-1, pp. 2769 seq.

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