Home rule -- Ireland; Ireland -- Politics and government
The South African Union of 1909, comprising the Colonies of the Cape of
Good Hope, Natal, the Transvaal, and the Orange River Colony, had a
Federal origin, so to speak, in that the old Colonies agreed to abandon
a great part of their autonomies to a central Government and
Legislature; but the spirit of unity carried them so far as almost to
annul State rights. The powers now retained by the provincial
Legislatures are so small, and the control of the Union Government is so
far-reaching, that the whole system is rightly described as a Union, not
as a Federation. The Provinces, which are really little more than
municipalities, have no longer any relation except in remotest
constitutional theory with the Mother Country, their Administrators are
appointed by the Union, and, unlike the Provinces of Canada and the
States of Australia, they have not even an internal system of
responsible government.[77] No direct appeal lies to the King in Council
from the provincial Courts, which are now, in fact, only "divisions" of
the Supreme Court of South Africa. The Provinces, in short, do not
possess "Constitutions" at all. Their powers can be extinguished without
their individual assent by an Act of the Union Parliament, whereas the
Canadian Dominion has no power to amend either the Dominion or the
Provincial Constitutions, and in Australia constitutional amendments
must be agreed to by the States separately as well as by the
Commonwealth Parliament. But these revolutionary changes in the status
of the old South African Colonies were brought about, let us remember,
by the free consent of the inhabitants of South Africa, after prolonged
deliberation.
The United States, the Australian Commonwealth, and the Canadian
Dominion are, then, the three genuine Federations which the
English-speaking races have constructed. The two last are included in
the present British Empire, and they stand side by side with the three
unitary Colonies--South Africa, New Zealand, and Newfoundland. The
constitutional relation of each of these five bodies to the Mother
Country is precisely the same, although they differ widely in internal
structure, as in wealth and population. Within each of the two
Federations, as we have seen, there exists a nexus of minor
Constitutions, State or Provincial, which have virtually no relations
with the Mother Country, but are integral parts of the major Federation.
II.
FEDERAL OR COLONIAL HOME RULE?
Public-domain text, read in full here on John Shaqi.
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