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

Usage license:: Get license information via the feedback formular.

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

smap. 1] THE UNION OF SOUTH AFRICA 973 that to accomplish its ends it may deem that separate laws for each province are necessary. The Union Parliament can therefore legislate in any case on the same topics as the Provincial Councils, and such legislation is paramount (s. 86), and the Councils are at once placed in a hopeless state of inferiority as compared with the Canadian Provinces or the Australian States. It is true that the former, like the Councils, are liable to have their legislation disallowed on grounds of federal interest, but the provinces possess in many matters exclusive powers of legislation, and even if the Dominion can prevent their legislation having effect it cannot itself legislate on these topics. Struggles like that of Manitoba and the Dominion cannot conceivably occur between the Union and the provinces. The Australian States, again, are independent of the Commonwealth as regards the allowance or otherwise of their Acts, and the Commonwealth has as a rule only a definite sphere of legislative activity, the residuary legislative power belonging to the state, which maintains a right to legislate on almost every topic which falls within the power of the Common- wealth, though such legislation is superseded by Common- wealth legislation to the extent to which it is actually in conflict with such legislation. Further, the provinces have a more limited sphere of power than the Provinces of Canada or the States of Australia. The Canadian Provinces have exclusive powers in such important matters as the alteration of the Constitutions of the provinces, the management of public lands (though this privilege has been in part denied to Manitoba, Alberta, and Saskatchewan), the incorporation of provincial companies, the solemnization of marriage, the administration of justice, property and civil rights, &c. It is true that many of these matters may be delegated to the Provincial Councils or may be declared by the Governor in Council to be of a local or private nature, but for these powers the Councils are depen- dent on the goodwill of Parliament. Even the control of and the appointment of officers for provincial purposes is made subject to the rules laid down by Parliament, whereas

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