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

996 THE FEDERATIONS AND THE UNION [PART IV This point, however, is not without difficulty, inasmuch as it would create a difference between the position of the original provinces, whose relations to the Union are subject to alteration by the Union Parliament, and provinces which subsequently joined, and whose relations to the Union would apparently be beyond the control of the Union Parliament, and possibly the clause may have been borrowed without adequate consideration from the Canadian Act. The clause itself could be varied by Parliament, and so the relation of the provinces might perhaps thus be altered. On the other hand, this difference in treatment is not with- out justification in consideration of the fact that the character of the terms offered would probably add an inducement to any territories not at first included in the Union to join the Union. Separate provision is made by s. 151 with regard to the transfer to the Union of the government of any territories, other than the territories administered by the British South Africa Company, of or under the protection of His Majesty, inhabited solely or in part by natives, which may be trans- ferred by His Majesty, with the advice of the Privy Council on addresses from the Houses of Parliament of the Union.! Upon such transfer the Governor-General in Council may undertake the government of the territory upon the terms and conditions embodied in the schedule to the Union Act. That schedule is an important and remarkable document, and its inclusion is without precedent in either the Canadian or Australian Federation Act.2 It lavs down a definite set ! For their government in such a case, see Part V, chap. iii, § 5. It was proposed by Mr. Keir Hardie that there should be inserted a provision that the assent of the territory should be obtained and the operation of the clause be suspended for ten years, but this was negatived ; see House of Lords Debates, ii. 867-70 ; House of Commons, ix. 1643 seq. * In Australia Papua has been transferred to the Commonwealth with its consent by the Imperial Government without conditions, and its administration is provided by the Papua Act, 1905, passed in virtue of 63 & 64 Viet. c. 12, Const. 8. 122, by the Commonwealth Parliament. Norfolk Island will perhaps ultimately be transferred ; in both casos the action is taken by the Imperial Government in virtue of Imperial Statutes. It is not. however, clear that the Crown can transfer the island without

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