Full text: Responsible government in the Dominions (Vol. 2)

cuar. mi] THE UNION OF SOUTH AFRICA 975 
not lessen the right of the provinces to legislate within the 
limits of their authority so as to affect Asiatics. The effect 
of s. 147 is indeed very obscure as regards the point. Pre- 
sumably in these cases the same principle would be adopted 
by the Union Government as by the Dominion Government, 
which is ever ready to consider Imperial interests in deciding 
as to the disallowance or otherwise of provincial legislation, 
as in the case of the British Columbia anti-Japanese Acts. 
The matter is, however, one of great importance, as it is 
perfectly clear that a Governor-General could only refuse 
assent in Council, and, as we have seen, a Council must include 
ministers, so that in the event of a dispute the Governor- 
General could only legally refuse assent by replacing ministers 
by his own nominees, if he could find any prepared to aid 
him in his effort. 
The nearest parallel to the arrangements as to the executive 
and legislative powers of the provinces is to be found in the 
provinces of New Zealand, created under the Act of 18521 
granting a representative Constitution to New Zealand. In 
that case the General Assembly of New Zealand had full 
legislative power on all subjects, and in all its enactments 
could override provincial enactments. 
The provinces, however, had, subject to this paramount 
power of the General Assembly, authority to legislate on all 
matters of provincial interest, excluding, however, legislation 
as regards duties of customs; the establishment of Courts 
of judicature, civil or criminal, except Courts for trial and 
punishment of offences made punishable in a summary way 
by the law of New Zealand ; the regulation of currency, 
paper or money; the regulation of weights and measures; 
the regulation of the post office ; legislation as to bankruptcy 
or insolvency; the erection and maintenance of beacons 
and lighthouses ; the imposition of shipping dues; the 
regulation of marriages ; legislation affecting Crown lands or 
lands to which the title of the aborigines had never been 
extinguished ; laws inflicting disabilities or restrictions on 
persons of the native races to which persons of European 
t 15 & 16 Vict. ¢. 72, ss, 2-31. *g 53. 3 ss. 18, 19.
	        
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