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

1126 ADMINISTRATION AND LEGISLATION [PART V It is clear that the treaties which were binding on the states before federation remain binding on the Common- wealth in respect of these states after federation. That has been recognized by the fact that the Anglo-Japanese Treaty of 1894, as applied to Queensland by the protocol of 1897, was denounced at the request of the Commonwealth Government. The same doctrine of the continuing effect of treaties binding on Australian States before federation has been laid down by the Secretary of State in the case of the Anglo- French Declaration of 1889 respecting wreck, and of the adherence of all the Australian States, save Victoria, to the Anglo-French Mailship Convention of August 30, 1890. The case of South Africa presents no difficulties: the Union power of legislation is paramount (9 Edw. VIL ec. 9, s. 59), and the Union takes over the burden of any treaty binding upon a Colony at Union (s. 148) in respect of that territory. § 5. THE RaTiFicATION OF TREATIES The legal theory is that the Crown makes treaties and ratifies treaties on its own responsibility without reference to Parliament. The theory is no doubt correct, but in practice it has been of late years considerably modified. In the first place, in deference to considerations of political expediency, important changes, such as those of the cession of Heligoland in 1890 and the French Convention of 1904, have been made subject to the approval of Parliament. Secondly, the Government have hesitated to ratify treaties which would have altered the law of the land without first obtaining the necessary alteration of the law. Good instances are the cases of the Copyright Act of 1886, passed to render possible adherence to ‘the Convention of Berne, and the similar Bill introduced in 1910 and again in 1911 to render possible ratification of the Berlin Convention of 1908. Again, in the session of 1910 Bills were introduced to allow of the ratification of the Hague Conventions of 1907. Moreover, even in the case of treaties which do not require any alteration of the law, as in the case of the International 1 Cf, Parl. Pap., Cd. 3891, p. 6; 4355, p. 12.

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