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 1129 1909, in connexion with the treaty with the United States as regards waterways. Mr. Borden expressed then the opinion that a treaty of the kind in question should bs made subject to the ratification and approval of the Dominion Parliament, and he expressed the hope that if the treaty in question were revised and another brought down at a subsequent session, it should be made subject to the approval of Parliament. It could not be carried into effect without the legislation of the Parliament or without the legislation of some of the Provinces of Canada. Therefore the treaty should be subject to the ratification and approval of Parliament in order that it might be fully discussed by the representatives of the people before it became binding on the people. He alluded to several instances in which this course was taken, including the Treaty of 1888 with the United States regarding fishery and other matters. It was signed on February 5 and laid before the Canadian Parliament on March 7. The most authoritative textbooks laid it down that treaties should be made subject to the approval of Parliament in cases :— (1) Where they imposed any burden on the people ; (2) Where they involved any change in the law of the land ; (3) Where they required legislative action to make them effective, or where they affected the free exercise of the legislative power ; (4) Those affecting territorial rights. He pointed out that Sir William Anson in the last edition of his Law of the Constitution (1908) * had omitted the criticism formerly passed on the approval by Parliament of the Heligo- land Treaty of 1890; while Mr. Lowell in his new work on the Government of England ? expressed the view that without the sanction of Parliament a treaty could not impose a charge upon the people or change the law of the land, and it was doubtful how far without that sanction private rights can be sacrificed or territory ceded. Mr. Borden pointed out that the Waterways Treaty must have the effect of altering the law of the land if carried into effect. New laws were required with regard to actions brought by people in Canada against Yn ii. 107, 108 ; see Debates, pp. 6647 seq., 6523. CFi22,

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