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 V. Imperial control over dominion administration and legislation // Chapter I. The principles of imperial control

Collection:: Economics Books

1016 ADMINISTRATION AND LEGISLATION [PART V with the views of the Secretary of State would soon find that he had not any longer any useful function to play as Governor-General. In all cases in which a Bill is reserved in Canada, New Zealand, the Commonwealth, and the Union of South Africa. the timeallowed for the assent being given, by Orderin Council, is two years (one year in the case of the Union) from the date on which it was presented for the royal assent to the Governor. This was also the case in the Cape and in the Transvaal and the Orange River Colony Constitutions, but in Natal the time was left undefined. In the case of the six Australian states the provisions of the Act of 1842, revived by the Act of 1907, provide for two years in the case of Bills reserved under the provisions contained in the Act of 1907, but it is doubtful whether these provisions apply to Bills reserved ander the instructions merely ; in my opinion they do not, and if that is so the Bills so reserved can be assented to at any time, unless it is held that the old Act still applies to such cases, which is difficult and doubtful. Tt may be added that it is difficult to say if any Bill is reserved under that Act or under the general instructions unless it is clearly stated by the Governor when he reserves, as was done by the Governor in reserving the Queensland Bill of 1908 for settling the deadlocks between the Houses of Parliament. Even if wrongly declared so to be reserved, the Bill will require to be assented to in two years in such cases. On several occasions instructions to assent have already been applied for and given, as, for example, in the case of the South Australian Constitution Act of 1910, and the Western Australia, Electoral Act of the year 1911. In Newfoundland there is no express provision for reserva- tion, though the Governor is forbidden to assent to certain classes of Bills, and therefore it may be doubted whether any right of reservation, which is a very curious power, exists. Very possibly the power does not,! and in fact the mode of * A Governor can of course delay assent for a reference (frequently telegraphic) home. But that is a different thing from abnegating the right bo assent and reserving the matter for the royal assent. But if he did

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