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

1018 ADMINISTRATION AND LEGISLATION [PART months ; arrangements are or may be made in contemplation of it, and then, after people have become used to it, the Imperial Government disallows. So obviously inconvenient is the procedure that it may fairly be asked whether the real desire of those who press for the adoption of disallowance is not to secure that the power shall never be used at all rather than incur the intolerable burden of disallowance. On the other hand, the reservation of a Bill allows of a quiet con- sideration of its terms and of negotiations for amendment and so on, and the Bill, if assented to, becomes absolutely valid without the possibility of disallowance. If the Bill was objectionable, at any rate there has been time for fuller consideration, and if drastic there has been time for prepara- tions to meet it; thus the New Zealand N avigation Bill of 1903 was only assented to in 1905 on an undertaking that a conference on merchant shipping would be held at which the whole subject would be discussed at length, and this was done in 1907, with the result that the Government of New Zealand was induced to undertake to amend, and did so very satisfactorily in Act No. 36 of 1909, which, like its prede- cessor, was reserved until 1911 pending discussion of certain of its sections. It is, in fact, clear, that in cases of serious doubt as to the Imperial action the advantages of reservation outweigh the theoretic preference for the disallowance of legislation on the Imperial authority. Nor could reservation properly be deemed to be a case in which ministers would be entitled to resign ; the power is a legal one vested in the Governor by law, and he cannot legally disregard his instruc- tions. At the same time, it is clear that the practice of requiring whole clauses of Bills to be reserved is not now needed, and that individual instructions such as are specified in the royal instructions to the Governor-General in South Africa are now in point. As a matter of fact, free use is now made of the plan of asking for telegraphic instructions, and that has worked better than any formal reservation of Bills. It secures that the royal assent will not needlessly be delayed with regard to minor Bills. The power of disallowance is conferred by express words

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