Home rule -- Ireland; Ireland -- Politics and government
It was not until 1825, or thereabouts, that free white settlers, many
Irishmen among them, came in any substantial number to the Mother Colony
of New South Wales, and not until 1832 that these men began to press
claims for the management of their own affairs, under the inspiration of
an Irish surgeon's son, William Wentworth, the Hampden of Australia. The
later Colonies rapidly came into line, Western Australia, for the reason
given above, remaining stationary. The first representative institutions
were granted in 1842 to New South Wales, and in 1850 to Victoria, South
Australia, and Tasmania. At that date, therefore, these settlements
stood in much the same constitutional position as the Canadas had stood
in 1791 (although technically their Constitutions were of a different
kind), but with this important difference, that the Act of 1850, "for
the better Government of Her Majesty's Australian Colonies," gave power
to those Colonies to frame new Constitutions for themselves. This they
soon proceeded to do, each constructing its own, but all keeping in view
the same model, the British Constitution itself, and aiming at the same
ideal, responsible Government by a Colonial Cabinet under a Government
representing the Crown. Since responsible Government in Great Britain
itself was not a matter of legal enactment, but the product of slowly
evolved conventions and precedents, to which political scientists had
not yet given a scientific form, it is no wonder that the colonial
Constitution-makers found great difficulty in expressing exactly what
they wanted in legal terms, and, indeed, none of them came near
succeeding; but time, their own political instinct, a succession of
sensible Governors, and the forbearance of the Home Government solved
the problem, and evolved home-ruled States legally subordinate to the
Crown, but with a Constitution closely resembling our own. The
Constitutions became law by Acts of the Imperial Parliament passed by a
Liberal Ministry in 1855. They are of unusual interest because they
represent the first rude attempt to put into legal language a small part
of the theory of the British Constitution as applied to dependencies of
the Crown.
In the most vital point of all, the relation of the dependency to the
Home Government (as distinguished from questions of internal political
structure), they are almost as reserved as the Canadian Act of 1840,
which, as we have seen, did not recognize by a word the duty of the
Governor to govern through a Colonial Cabinet. In certain clauses they
hint, by distant implication, at the existence of such a Cabinet,
responsible to the colonial popular Legislature--the Canadian Act did
not assume even that--but they do not anywhere imply that the Governor
is bound normally to place himself in the hands of that Cabinet, while
they expressly and rightly reaffirm the supreme power of the Crown,
whether acting through the Governor or not, over colonial legislation.
Public-domain text, read in full here on John Shaqi.
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