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

CHAP. Iv] ALTERATION OF THE CONSTITUTION 439 
No. 14 of 1893; it was left for the Governor to reserve if 
any essential principle was involved. 
In the case of the Transvaal and Orange River Colony the 
letters patent of December 6, 1906, and June 5, 1907, consti- 
tuting responsible government required the reservation of 
Acts altering in any way the letters patent or providing for 
the introduction of indentured labour, or imposing! upon 
non-Europeans disabilities which were not so imposed upon 
Europeans, but the inconvenience of these provisions was 
much modified and greatly reduced by the rule that reserva- 
tion was not required if the Governor has previously obtained 
instructions with regard to such law through the Secretary 
of State or the law contained a clause suspending its operation 
until the proclamation in the Colony of the royal assent. 
§ 5. NEWFOUNDLAND AND THE PROVINCES OF CANADA 
Special considerations apply to the alteration of the 
federal constitutions, and the question will be more conveni- 
ently dealt with in Part IV. There remain Newfoundland 
and the Canadian Provinces. In the former there is full 
power to change the constitution by a simple Act, though 
on the principle laid down in the Queensland case, not by 
mere inconsistency. This is, however, subject to the same 
doubt as in New Zealand, for an Imperial Act? allows the 
Crown to provide regarding the qualification of members 
of the House of Assembly, the qualification by residence of 
electors, the simultaneous holding of elections, and the 
recommendation of Money Bills by the Governor. This 
power has been exercised by instructions of May 4, 1855, 
confirming earlier instructions of 1842, and, as regards 
electoral matters, the rules so laid down appear in the Con- 
solidated Statutes of 1892. It is probable that these rules can 
be altered by local Act simply under the general power in the 
Colonial Laws Validity Act, 1865, though it is clear that 
the Crown could amend such legislation by fresh exercise of 
! Ttis probable but not certain that a consolidating Act does not impose. 
There is no legal decision on the point, 
* 5 & 6 Viet. ¢. 120, confirmed and made permanent in part by 10 & 11 
Vict. c. 44. See instructions of Sept. 1. 1842.
	        
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