Full text: Responsible government in the Dominions (Vol. 3)

CHAP. V] TREATY RELATIONS 1127 
Naval Convention of 1909, a promise was given to Parlia- 
ment that there should be an opportunity of discussing the 
proposed convention before it was finally ratified, and the 
convention in question was not ratified until it had been 
laid before the Imperial Conference of 1911. 
The new arrangements are perfectly natural. In the 
eighteenth century, when the doctrine was accepted that 
treaties rested on the responsibility of the Executive, there 
was always the possibility of the impeachment of ministers.? 
This is no longer feasible in the twentieth century, and when 
there is any doubt as to Parliament approving the action 
of the Government it is obviously desirable that there should 
be avoided the possibility of thé country being placed in the 
position which would be involved by its accepting a treaty 
obligation which the Parliament would be unwilling to carry 
out. Parliament would thus be placed in a false position : 
if it declined to pass the necessary legislation the Government 
would be unable to make good its acceptance of the treaty, 
and Parliament is accordingly compelled either to carry out 
what it does not approve or place the country in the position 
of having failed to make good an international obligation 
formally undertaken. 
In the case of the Dominions, quite early treaties were 
concluded and ratified which, however, could only come into 
effect on the passing of the necessary legisfation by Colonial 
Parliaments. For example, the reciprocity treaties with 
the United States of 1854 and 1871 respectively were in 
the main part dependent for their coming into effect on the 
passing of legislation by the Imperial Parliament and the 
Colonial Parliament of Canada, on the one hand, and 
the United States Congress on the other hand. 
Similarly, the treaty of 1857 with France regarding French 
fishery rights in Newfoundland was ratified by the Imperial 
Government, but could only come into force on the neces- 
sary legislation being passed by Newfoundland and by the 
Imperial Parliament. The Newfoundland Government and 
* See Parl. Pap., Cd. 5745, pp. 97-134 ; House of Lords Debates, March 
8, 9, and 13, 1911. 2 Cf, Anson, Law of the Constitution, 11, ii. 104.
	        
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