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

cEAP. 111] THE UNION OF SOUTH AFRICA 995 Company, on such terms and conditions as to representation and otherwise as are in the addresses expressed and approved by the King, and the provisions of any Orders in Council in that behalf shall have effect as if they had been enacted by the Imperial Parliament. This clause applies to the territories under the Government of the British South Africa Company, viz. Southern Rho- desia, and North-eastern Rhodesia and Barotzeland—North- western Rhodesia, now amalgamated into one. It would probably be impossible to include them forthwith in the Union, inasmuch as the rights of the Company must be in some way disposed of before the territories can be part of the Union. The position is somewhat analogous to that of the Hud- son’s Bay Company as compared with the Dominion of Canada before the amalgamation in 1870, when the rights of the Hudson’s Bay Company were formally bought out by the Canadian Government. Presumably in the long run a similar course must be adopted in South Africa, and the British South Africa Company must receive some compensa- tion for the moneys expended by them in establishing British rule in Rhodesia. The mode of procedure is similar to that adopted in the case of Canada ; 2 the exact terms on which the incorporation is to take place will be laid down in the Order in Council, and the Order in Council will then have the same effect as an Imperial Act. Presumably, therefore, it will not be possible for the Union Parliament to amend the provisions of the Order in Council, for the power of alteration of the Constitu- tion given in s. 152 applies only to the provisions of the Union Act itself, and does not apply to the provisions of any other Imperial Act, and the Order in Council is not incorporated in the Union Act, but is given the force of an Imperial Act. Jouneil or Councils affected alter the boundaries of any province, divide a province into two or more provinces, or form a province out of existing provincial areas. - Cf. Report of B. ¥. A. Company for 1908. i Cf. Wheeler, Confederation Law of Canada, pp. 755 seq. rie

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