Full text: Responsible government in the Dominions (Vol. 1)

cHAP. 1] POWERS OF DOMINION PARLIAMENTS 369 
due to the absence of any legal authority for the appointment 
of deputies other than the authority in the letters patent, 
but it can hardly be said that his doubts were necessary or 
natural. The Bill as introduced was certainly objectionable, 
for it purported to confer upon the Governor’s deputy all the 
power of the Governor, while the letters patent expressly allow 
the Governor to limit the power in such manner as he thinks 
fit. If the Bill had been passed the Governor would of course 
have reserved it, and it is hardly likely that it would have 
become law, but it is worth mentioning as a good example 
of the happy-go-lucky character of the Colonial Constitution, 
that the Governor is not required to reserve such a Bill, 
though a Bill affecting the Governor’s salary must under the 
Imperial Act of 1907 be reserved. The Bill, modified to avoid 
the objections raised to its predecessor, was passed through 
both Houses in 1910 and reserved for the royal assent. 
Some doubt was felt in South Australia in 1855 as to 
whether it was within the powers of the Colonial Legislature 
to make provisions as to the proposed constitution of the 
Executive Council by making certain officials members in 
virtue of their offices, and to require that warrants for 
expenditure and appointments or dismissals to office should 
be signed by the Governor and countersigned by the Chief 
Secretary. The Law Officer of South Australia! advised, 
however, that the power existed ; that these were matters 
which by the Imperial Parliament for the United Kingdom 
could and might be regulated by law, and that there was no 
reason why they should not be regulated similarly as far as 
legal considerations were concerned for the Colony of South 
Australia. He, however, drew attention to the matter, 
leaving it for the Imperial Government to decide whether 
to approve of the terms of the Act or not. The terms of the 
Act were not criticized by the Imperial Government, and it 
is clear that it would be impossible to take exception on legal 
grounds to such legislation. On the other hand, there are 
good grounds of convenience for not dealing in any way with 
executive matters by law. 
! Parl. Pap., July 24, Lust, p. 86; cf. p. 68. 
RR 
1270
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.