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:: Chapter VIII. The constitutional relations of the houses

Collection:: Economics Books

640 PARLIAMENTS OF THE DOMINIONS [PART III § 7. SouTH AFRICA In the case of South Africa the Upper House is elective as regards thirty-two out of its forty members, but their position is altogether strange. The first eight are nominated by the Governor-General in Council, that is, on the advice of the Ministry of the day—it had been usual in similar cases to secure that the first nominations are made by the Crown, acting not necessarily on ministerial advice 1— while the remaining thirty-two were chosen at special sittings of both Houses of the Legislatures of the four Colonies which form the Union. Unless other provision is made by the Parliament of the Union, eight senators will continue to be nominated from time to time, while eight will be elected by the members of the Provincial Council together with the members of the House of Assembly selected for each province. The exact functions which will be performed by so remarkably con- stituted a body it is difficult to foretell. The two Houses, following universal Colonial practice, are not put on the same level as regards Money Bills. No law which imposes taxation or appropriates revenue or moneys shall originate in the Upper House, and the Upper House may not amend any Bills so far as they impose taxation or appro- priate revenue or moneys for the service of the state. Nor may the Senate amend any Bill so as to increase any proposed charges or burden on the people. But the provisions are safe- guarded, as in the case of the Commonwealth of Australia, more satisfactorily than is usual in Colonial constitutions, for a Bill is not to be taken to appropriate money or to impose taxation merely because it imposes fines or other pecuniary penalties or provides for their appropriation.? Further, the ! Compare e.g. the plan followed in Canada in 1867, in New South Wales in 1856 and 1861 (see Parl. Pap., H. C. 198, 1893, pp. 69-74), in Queens- land in 1859, in the Transvaal and Orange River Colony in 1906 and 1907, all intended to avoid a purely ministerial mode of appointment. For the case of Western Australia, see Parl. Pap., C. 5743, pp. 69, 70. * Of. 63 & 64 Viet. ¢. 12, Const. 8. 53 (Commonwealth). So Victoria, Act No. 1864 s. 30. See also The Framework of Union, pp. 106 seq.

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