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 1327 a representative legislature under an Imperial statute was inevitable in view of earlier legislation in 1840 and 1846, and other Acts were needed in 1857, 1862, and 1868 to make the path of the Parliament clear by removing obsolete fetters on its action! The boundaries of a Colony are not open to a Colony to regulate ; this follows from the fact that the territory for which it legislates is clearly what it has not, but what it wants to get. It was long thought that a mere exercise of the prerogative in every case was sufficient to transfer territory to a Colony, but at last doubts on this head became very strong; in some cases the boundaries had received incorporation in an Act of Parliament, and it was asked whether they could be changed thereafter. Finally, the whole matter was determined by the Colonial Boundaries Act, 1895, which ratifies all such alterations ex post facto and for the future, subject to the reserve that the consent of the self-governing Colonies enumerated was necessary. This Act was made by the Commonwealth Constitution Act, 1900, to apply to the Commonwealth as a whole, and not to the individual states. In the case of the Union of South Africa it applies to the Union. It may be noted that from their establishment to their extinction the Transvaal and the Orange River Colony never fell under the protection of the Act, which could have been used to alter very considerably their boundaries despite any adverse views which they might have had. The Act was availed of to transfer territory from the Transvaal to Natal after the Boer war, but not to add Papua to the Commonwealth. That possession is merely under the authority of the Commonwealth under s. 122 of the Constitution. Other Imperial Acts owe their character to the subject- matter. Thus the Act of 1901 regarding the demise of the Crown is general in terms and applied to Australia, as was seen on the occasion of the death of the late King in 1910, when the question was discussed? and so is the Act to add * See these Acts in Constitution and Government of New Zealand, pp. 12-17. * The Queensland Act of 1910, which re-enacts the provisions of the Act 02

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