56 RESPONSIBLE GOVERNMENT [PART 1
Legislative Council which had until then existed, while
a Legislative Council was established to consist of not less
than ten nor more than fifteen nominee members. The
commission provides that the Executive Council shall be
composed in such manner as may be directed by Instructions,
and the Instructions merely say :—
Now We do direct and declare Our pleasure to be, that
the said Executive Council shall consist of such persons, not
exceeding seven in number, as you shall from time to time
by instruments passed under the public seal of Our said
Island, in Our name and on Our behalf, nominate and
appoint to be members of the said Council, all which persons
shall hold their places in the said Council during our pleasure.
The Instructions have not materially been altered since :
the Executive Council is to consist of any persons, not limited
in number, who are members of the Council by any law
of the island, and of such others as the Governor may
appoint, and no law provides for the appointment of any
Executive Councillors ex officio. Moreover, there is no law
requiring, any more than in the case of the Canadian Pro-
vinces, members of the Executive Council to be members
of the Legislature in either house. It is of course, as
in these provinces, the custom that they should be
members, but it is useless to deny that responsible govern-
ment in Newfoundland rests as entirely upon the common
law as it does in the United Kingdom.
§3. THE AUSTRALIAN COLONIES AND STATES
In Canada and Newfoundland we have seen that respon-
sible government is essentially informal in character : it is
established by well-understood practices, but not by law.
Ministers need not be members of the Legislature, and they
can if they like legally hold office for ever, if the Governor
chooses to keep them there, in the face of all the protests
the Legislature might like to pass. In the case of the
Australian Colonies the matter is otherwise : it would be
impossible to say that responsible government rests there
on legal enactment, but there do exist legal rules which
