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

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cHAP. 1] PRINCIPLES OF IMPERIAL CONTROL 1019 
in the British North America Act} the Commonwealth of 
Australia Constitution Act,2 the State Constitutions, the 
Constitution of New Zealand,* and that of the Union of 
South Africa.’ It was also given in the Constitutions of the 
Cape, Natal, the Transvaal, and the Orange River Colony. 
The time allowed in the case of Canada, the Australian States, 
and New Zealand, and also formerly in the Cape and Natal, 
was two years from the date of receipt of the Bill by the 
Secretary of State, a necessary provision in the days when 
communications were so slow. In the case of the Common- 
wealth and the Union of South Africa, following the model 
of the Transvaal and the Orange River Colony, the period 
is dated from the time of assent, and in the Commonwealth 
and the Union of South Africa the period allowed is one year 
only, this being the same period as that allowed in the case 
of the Provinces of Canada, except that the time runs from 
the receipt of the Bill by she Governor-General in the latter 
case. In the case of Newfoundland the period is nowhere 
defined and is indefinite ; it was, however, in the case of 
that Colony as well as formerly in the case of the Maritime 
Provinces of Canada, the rule to disallow within two years 
if at all, not as a matter of law, but on the analogy of the 
Constitutions where the limit was imposed by law. The 
power to disallow at any time is one which the Crown still 
possesses in the case of all the Crown Colonies except a very 
few® A disallowance must be made by Order in Council 
in the case of responsible-government Colonies under the 
Constitutions, and in the case of Newfoundland under the 
letters patent, and it must be a disallowance in foto ; partial 
disallowances, though not unknown in Crown Colony Con- 
stitutions, are not, it is clear, possible with a responsible- 
vovernment Colony, and indeed they are open to so many 
30 Vict. c. 3, 8. 56. 2 63 & 64 Vict, ¢. 12, Const. s. 59. 
} See 5 & 6 Vict. c. 76, the provisions of which apply to all the states. 
+15 & 16 Vict. e. 72, 8. 58. 8 9 Edw, VII, c. 9, s. 65. 
' Tt is limited in the case of the Leewards Federation by 34 & 35 Vict. 
c. 107; in the case of Jamaica by the Order in Council under 29 & 30 Vict, 
a, 12, &c.
	        
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