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

cuap.1] PRINCIPLES OF IMPERIAL CONTROL 1007 
sia media which would reconcile the interests on either side. 
Moreover, the existence of the great Dominions will more 
and more tend to produce a definite change in their Imperial 
relations which will lessen risks of conflict. It will be seen 
in the following discussion of the Imperial control of the 
legislation of the Dominions that the control steadily ceases 
to be coercive, and becomes the control which results from 
discussions between those with equal interests and rights 
which can be reconciled with justice to both sides. 
§ 2. CoNTROL OVER LEGISLATION: MODE OF EXERCISE 
The control over Dominion legislation is exercised in two 
ways, either by the reservation of Bills or some method tanta- 
mount to reservation, such as the insertion of a suspending 
clause, or by the completion of legislation in the Dominion 
and disallowance by the Crown. It is also no doubt possible 
for the Governor to withhold his assent to a law, and it is 
too much to say that it will never be done.* But such refusal 
would be based nermally on ministerial advice, and the 
problem of the duty of a minister when his ministers advise 
him not to assent to a Bill which has passed both Houses is 
a serious one : the question has not often been raised, but in 
December 1877 the Governor of New Zealand was advised 
by the Premier not to assent to the Land Act passed in the 
session of Parliament which had just expired. The Bill had 
been introduced by the late Government, but ministers had 
taken it up for a time, but ultimately as passed it contained 
various amendments with which they were not satisfied, 
and they decided to ask the Governor to refuse his assent. 
The Governor declined to do so, thinking that the Ministry 
should have taken upon itself the responsibility for securing 
the defeat of the Bill in the House, and that he could not 
well decline to ratify the decision of the Legislature. The 
* Cases have occurred (e.g. in Western Australia as to Act No. 30 of 1902) 
where ministers havo procured the occurrence of delay on presenting a Bill 
for assent after passing the Houses, but such action is clearly improper. 
The Bill should be presented forthwith, and the only delay in delivering a 
Jecision must be that taken by the Governor himself to make up his mind.
	        
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