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 1127 Naval Convention of 1909, a promise was given to Parlia- ment that there should be an opportunity of discussing the proposed convention before it was finally ratified, and the convention in question was not ratified until it had been laid before the Imperial Conference of 1911. The new arrangements are perfectly natural. In the eighteenth century, when the doctrine was accepted that treaties rested on the responsibility of the Executive, there was always the possibility of the impeachment of ministers.? This is no longer feasible in the twentieth century, and when there is any doubt as to Parliament approving the action of the Government it is obviously desirable that there should be avoided the possibility of thé country being placed in the position which would be involved by its accepting a treaty obligation which the Parliament would be unwilling to carry out. Parliament would thus be placed in a false position : if it declined to pass the necessary legislation the Government would be unable to make good its acceptance of the treaty, and Parliament is accordingly compelled either to carry out what it does not approve or place the country in the position of having failed to make good an international obligation formally undertaken. In the case of the Dominions, quite early treaties were concluded and ratified which, however, could only come into effect on the passing of the necessary legisfation by Colonial Parliaments. For example, the reciprocity treaties with the United States of 1854 and 1871 respectively were in the main part dependent for their coming into effect on the passing of legislation by the Imperial Parliament and the Colonial Parliament of Canada, on the one hand, and the United States Congress on the other hand. Similarly, the treaty of 1857 with France regarding French fishery rights in Newfoundland was ratified by the Imperial Government, but could only come into force on the neces- sary legislation being passed by Newfoundland and by the Imperial Parliament. The Newfoundland Government and * See Parl. Pap., Cd. 5745, pp. 97-134 ; House of Lords Debates, March 8, 9, and 13, 1911. 2 Cf, Anson, Law of the Constitution, 11, ii. 104.

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