Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 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

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

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

Collection:: Economics Books

CHAP. X11] LEGISLATION FOR THE DOMINIONS 1323 the Empire ; thus the nationality of a wife is declared to be bhat of her husband, and provision is made of universal validity as to the status of children who live with a person who has become naturalized during childhood. There is, however, a great difference between the case of naturalization in the United Kingdom and naturalization in a Colony. In the first case, the naturalization is valid throughout the Empire, in the latter case only in the Colony itself. There are such laws in all the Dominions, Canada, Newfound- land, Australia, New Zealand, and the Union of South Africa, naturalization in the federations being federal now. The position is anomalous and rather absurd. Thus a man who is naturalized in a British Colony may be a minister of the Crown there, but becomes when he goes outside the territory a foreigner. There are several consequences which would flow from this position; in the first place, it is held that he does not fall under the Foreign Jurisdiction Act, so that a British naturalized subject in China, formerly in Korea, or Siam, or Turkey, or Morocco, would not be subject to consular jurisdiction. It would then seem to follow that he was subject to the local jurisdiction, but that in turn would be intolerable, for clearly he would expect and every one would expect that he should receive full protection from his adopted country. Yet if the country’s consular Courts exercised jurisdiction, he might in England bring an action against the consular judge, when next he visited this country, and obtain damages for false arrest and so forth. Moreover, it is not satisfactory from any point of view to maintain this curious localization of British nationality. The objec- tion that the declaring of all persons colonially naturalized to be full British subjects would open naturalization to many unworthy persons is of no weight when it is remembered that svery native of Papua is a natural-born British subject, and M1 average naturalized person is not at all on a level with a native of Papua. Further, the grant of British nationality need not carry with it for a moment full civil rights as if he Were a natural-born British subject ; such rights are often not accorded in the Colonies to naturalized persons without

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