Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

1262 ADMINISTRATION AND LEGISLATION [parRT V Commander-in-Chief. It was necessary on that occasion also to administer martial law throughout the country,! and the steps taken were validated by Acts of the Natal and Cape Legislatures in due course, and so in the Transvaal 3 and the Orange River Colony. The military forces of the Dominions are in every case raised and provided for by the local Acts passed in virtue of the general legislative powers of the Parliaments in question. In the case of Canada, the Dominion alone has, of course, power to deal with military defences. In the case of the Commonwealth, the Commonwealth has, by s. 51 (vi) of the Constitution, power to legislate for the naval and military defences of the Commonwealth and of the several states, and of the control of the forces to execute and maintain the laws of the Commonwealth, and, by ss. 52 and 69, sole power to legislate for the defence departments. This power is not an exclusive power, but by s. 114 of the Commonwealth Constitution a state is not able without the consent of the Parliament of the Commonwealth to raise or maintain any naval or military forces, while by s. 119 the Commonwealth shall protect every state against invasion, and, on the applica- tion of the executive government of the state, against domestic violence. Accordingly in 1900, when new letters patent were issued for the Australian states, it was expressly provided that the Governor-General alone should be termed Commander-in-Chief, and that the Governors, who had hitherto been in addition to Governors also Commanders- in-Chief in their states, should cease to hold that position, as normally there would no longer be in the states armed forces ander the control of the State Governors. In all the Dominions the Governor or Governor-General See Parl. Pap., C. 081, 1364, 1423. For the Colonial forces, see Cd. 18 and 469 ; Canada Sess. Pap., 1900, No 20, 49. * Mr. Schreiner, Cape Premier, once contemplated the Cape remaining neutral to avoid the danger of rebellion, but this was impossible in law and fact ; see Cana, South Africa, pp. 184, 185, 206; Debates, 1899, p. 333. ® See Cape Acts Nos. 6 of 1900; 4-6, 10 of 1902; Natal, Nos. 15 of 1900; 41 of 1901; 22 and 30 of 1902; 26 of 1903 ; Transvaal, Nos. 38 of 1902 ; 22 of 1903 ; Orange River Colony, No. 25 of 1902.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 3)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation