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, V] TREATY RELATIONS 1123 It is very possible, however, that the Dominion Govern- ment could adhere even when it had no specific legislative power,! and by adherence obtain such power, and the objection that the Dominion Government would thus be enabled to override a Provincial Parliament within its own sphere of activity would seem to be met adequately by the reply that a treaty can only be made by the Imperial Govern- ment, and that if the Imperial Government and the Dominion Government consider adherence desirable, the circumstances cannot be such as to justify a Provincial Government in declining to adhere. The position, therefore, is :— (1) that adherence must be declared for the Dominion as a whole ; (2) such adherence is constitutionally declared at the request of the Dominion Government alone, and (3) under constitutional practice the Dominion Govern- ment in cases where the Dominion Parliament has no direct legislative power, will not normally adhere except with the consent of all the Provincial Governments, but (4) it is probable in law that the Dominion Government could adhere in any case and by adherence obtain power to legislate. In any case it is clear that it would rest with the Dominion Government to secure that the Provincial Governments observed treaty arrangements in which the Dominion Govern- ment had concurred, or which were otherwise binding. The matter was considered in the Canadian Parliament on May 14, 19092 in connexion with the treaty with the United States as regards waterways, and Mr. Borden quoted 8. 132 of the British North America Act, adding that he did not know that any exact construction had ever been put upon * Cf. the question of white phosphorus; a Bill was introduced by Mr. Mackenzie King into the Dominion Parliament in 1911, and one objection to it was on grounds of jurisdiction, as it is desired to prohibit manufacture and sale as well as importation, in order to join the inter- national convention as to it; see Debates, January 19. But the power Seems to be given, if not by s. 132, by s. 91 (2), which allows legislation as to trade and commerce, and the case seems to fall within the conception of that term contemplated by the Privy Council. * Debates, pp. 6644 seq.

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