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

998 THE FEDERATIONS AND THE UNION [PART TV issued under which the administration is carried on, and the High Commissioner legislates bv proclamation. § 10. THE AMENDMENT OF THE CONSTITUTION As is natural in the case of a Constitution which is frankly not in any real sense federal, the Act does not restrict in any substantial manner the Parliament’s power to alter the provisions of the Constitution. Tt is especially laid down in S. 152 that Parliament may by law repeal or alter any of the provisions of the Act, provided that no provision thereof for the operation of which a definite period of time is fixed shall be repealed or altered before the expiration of such period, and also provided that no repeal or alteration of the provisions of the section itself or of ss. 33 and 34 relative to the numbers of the members of the Legislative Assembly, prior to the expiration of ten years or until the total number of members of the Assembly has reached 150, whichever occurs later, or of the provisions of s. 35 relative to the qualifications of electors to the House of Assembly, or of 8. 137 as to the use of languages, shall be valid, unless the Bill containing the alterations is passed at a joint sitting of the Houses, and at its third reading by not less than two-thirds of the total number of members of both Houses. The section is well worded, as it obviates the possible evasion of its spirit by the alteration of the section itself. For example, the Queensland Constitution Act of 1867 intended to provide a safeguard against the alteration of the composition of the Legislative Council by providing that any Act relative to it required to be passed by a two-thirds majority, but it omitted to provide that the clause itself should only be altered by a two-thirds majority, so that in 1908 the Government had no difficulty in effecting their purpose by repealing by ordinary majorities the offending clause! and so dealing with the matter by ordinary majorities. On the other hand. the nrovisions " Act No. 2 of 1908. The Act was protested against on this ground in the Legislative Council. But exactly similar circumstances occurred in 1857 in New South Wales. See Queensland Parliamentary Debates, c. 165 seq.

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