England's Case Against Home RuleDicey, A. V. (Albert Venn)
History
England's Case Against Home Rule
Dicey, A. V. (Albert Venn)
Home rule -- Ireland
"48. In every Colony the Governor has authority either to give or to
withhold his assent to laws passed by the other branches or members of
the Legislature, and until that assent is given no such law is valid or
binding.
"49. Laws are in some cases passed with suspending clauses; that is,
although assented to by the Governor they do not come into operation or
take effect in the Colony until they shall have been specially confirmed
by Her Majesty, and in other cases Parliament has for the same purpose
empowered the Governor to reserve Laws for the Crown's assent, instead
of himself assenting or refusing his assent to them.
"50. Every Law which has received the Governor's assent (unless it
contains a suspending clause) comes into operation immediately or at the
time specified in the Law itself. But the Crown retains power to
disallow the Law; and if such power be exercised at any time afterwards,
the Law ceases to have operation from the date at which such
disallowance is published in the Colony.
"51. In Colonies having Representative Assemblies the disallowance of
any Law, or the Crown's assent to a reserved Bill, is signified by Order
in Council. The confirmation of an Act passed with a suspending clause
is not signified by Order in Council unless this mode of confirmation is
required by the terms of the suspending clause itself, or by some
special provision in the constitution of the Colony.
"52. In Crown Colonies the allowance or disallowance of any Law is
generally signified by despatch.
"53. In some cases a period is limited, after the expiration of which
Local Enactments, though not actually disallowed, cease to have the
authority of Law in the Colony, unless before the lapse of that time Her
Majesty's confirmation of them shall have been signified there; but the
general rule is otherwise.
"54. In Colonies possessing Representative Assemblies, Laws purport to
be made by the Queen or by the Governor on Her Majesty's behalf or
sometimes by the Governor alone, omitting any express reference to Her
Majesty, with the advice and consent of the Council and Assembly. They
are almost invariably designated as Acts. In Colonies not having such
Assemblies, Laws are designated as Ordinances, and purport to be made by
the Governor with the advice and consent of the Legislative Council (or
in British Guiana of the Court of Policy).
"55. In West Indian Islands or African Settlements which form part of
any general Government, every Bill or Draft Ordinance must be submitted
to the Governor-in-Chief before it receives the assent of the
Lieutenant-Governor or Administrator. If the Governor-in-Chief shall
consider any amendment indispensable, he may either require that
amendment to be made before the Law is brought into operation, or he may
authorize the officer administering to assent to the Bill or Draft on
the express engagement of the Legislature to give effect to the
Governor-in-Chief's recommendation by a supplementary Enactment."
Public-domain text, read in full here on John Shaqi.
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