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

CHAP. Iv] ALTERATION OF THE CONSTITUTION 429 
Same section to the Parliament of South Australia, both of 
these Parliaments being constituted by a local, not an Imperial 
Act. In all these cases, however, under s. 7 of 7 & 8 Vict. ¢. 74, 
reservation was unnecessary if the Governor either refused 
assent to the Bill or assented to it in accordance with in- 
structions previously received from Her Majesty. This was 
approved only for the case of New South Wales by the section 
as originally passed, but it was extended by the Act of 1850 
to the other Colonies then existing. On the other hand, it 
Was not expressly adopted in the Queensland letters patent, 
and it is therefore doubtful whether it was in force there. 
In addition to these comparatively simple requirements 
it was provided in s. 32 of the Act of 1850,! that there should 
be reserved and laid before the Imperial Parliament before 
assent all Bills 
(1) Altering the laws concerning the election of the 
Elected Members of the Legislative Council : 
(2) Altering the laws concerning the qualifications of 
electors and elected members : 
(3) Establishing in the place of the Legislative Councils at 
that time existing other separate Legislative Houses : 
(4) Vesting in such separate Legislative Houses the powers 
and functions of a Legislative Council. 
It applied as originally enacted to all the Colonies except 
Queensland, and was incorporated in the letters patent of 
June 6, 1859. As regards classes 3 and 4 its effect may be 
regarded as spent, and the power of altering their constitu- 
tions by ordinary legislation is given to all the Colonies by 
8. 5 of the Colonial Laws Validity Act, 1865. 
The result of these provisions seems to be as follows : 
by s. 2 of 25 & 26 Vict. c. 11, it was provided 2 that reservation 
and laying before Parliament required by s. 32 of the Act 
of 1850 applied only to Bills passed by the original Legislative 
Councils of New South Wales, Victoria, Van Diemen’s Land, 
and South Australia, and the necessity for reservation and 
laying before Parliament arises only from the subsequent 
' 13 & 14 Viet. ¢. 59. 
The section is obscure ; possibly it referred only to classes 3 and 4.
	        
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