Page:History of Adelaide and vicinity.djvu/686

 X ADELAIDE AND VICINITY. Notes on the Constitution of South Australia In 1853 the Legislative Council, in pursuance of Section XXXII. of this P^nabling Act, passed a Bill for an Act constituting a bi-cameral Legislature for South Australia - a Legislative Council to be nominated by the Crown not being fewer than 12 in number, and a House of Assembly of 36 members to be elected by the people. This Bill of 1853 was reserved for Her Majesty's assent, and disallowed on the ground that the Legislature had exceeded its powers by regulating or limiting the Crown's right of disallowance of Bills which might thereafter be passed by the proposed bi-cameral Legislature. It will be .seen (by the quoted words of Section XXXI I. of the Enabling Act) that the only thing which the Governor and Council were authorised to do by that section was to establish two Houses instead of one, and to give to the two Houses the powers and functions of the one House. They went beyond that power, and therefore their action was invalid. A similar mistake was made in New South Wales and Victoria (for the Enabling Act applied to those colonies as well as to South Australia) ; and it was only in Tasmania that a Bill was passed within the scope of the powers given by the Imperial Parliament. The Secretary of State for the Colonies sent to the Governor a copy of the Tasmanian Act, and our Constitution Act, drafted on that model, was passed and assented to. This Act, it is true, does something (very little, however) beyond establishing and con.stituting two Hou.ses instead of one ; but it must not be overlooked that the Governor and the old Legislative Council had authority by Section XIV. of the Enabling Act to make laws for the peace, welfare, and good government of the Province ; and the provisions of our Constitution Act which are not within the authority given by Clause XXXII. were passed under and justified by Clause XIV. of the Enabling Act. Epitome of Constitution Act It was in pursuance of this dual statutory power (the Act itself bearing evidence of the two .sources of the powers under which it was made) that our Constitution Act was passed. Its main object was to establish and constitute two elected Houses instead of one partly- nominated, partly-elected House, and to vest the law-making power, which was formerly vested in the Governor with the advice and consent of the old Legislative Council, in the Governor with the advice of the Legislative Council and the House of Assembly ; in a word, to establish and constitute a bi-cameral Legislature instead of a uni-cameral Legislature. As to the vast importance of this alteration there can be no two opinions ; but the Act did not establish, or purport to establish, a Constitution in South Australia — it was a graft on an existing Constitution. The Act to a very small extent determined the respective powers and functions of the two Hou.ses so established and constituted. It did not even fix electoral districts or provide any electoral machinery. No law-making power was ever given to this bi-cameral Legislature except by inference, and to this day our laws are made in pursuance of the powers given by the Enabling Act, which enacts that the Governor, with the advice and consent of the old Legislative Council, may make laws. In the bi-cameral Legislature, established instead of the uni-cameral Legislative Council, are vested the powers and functions of that Council ; therefore, the Governor now makes laws with the advice and consent of the Legislative Council and House uf Assembly.