Page:History of Adelaide and vicinity.djvu/700

 xxiv ADELAIDE AND VICINITY. .Not« on the Constituticn of South Australia The powers and privileges of the Parhament So long as "The Parliament" acts within the scope and limit of the powers given to it by the Imperial Parliament it is in practice, though not in theory, supreme. Within these limits " The Parliament " is the source and foundation of all power — legislative, executive, and judicial. Its power to legislate is direct ; it practically appoints the real Executive (the Ministry), who, though nominally appointed by the Governor to advise him, is practically a committee of Parliament, and exercises all executive functions within the Province. It can establish or abolish courts of law, fix the number and remuneration of the Judges, and, ■subject to certain limitations, control and regulate the position and duties of the Judges. It is true that the Judges are not directly appointed by, and cannot be directly removed by Parliament — theoretically they are appointed by the Crown to hold office during good behavior, and may be removed "by Her Majesty Her heirs and successors upon the address of both Houses of the said Parliament." Practically this means that they are appointed by that Parliamentary committee called the Ministry, and that one of the means by which they can be removed is by Parliament. The power to legislate (conferred by the "Enabling Act" 13 and 14 Vic, Cap. 59) is given by the words "to make laws for the jieace, welfare, and good government of the Province." This power was, however, qualified by prohibitions. The Parliament was forbidden to make any law — (a) "Repugnant to the laws of England"; (d) " Interfering in any way with the sale or other approj)riation of the lands belonging to the Crown, or with the revenue arising therefrom " ; (r) "Imposing differential Customs duties"; {(f) Dealing with shipping, import and export duties, etc., "contrary to or at variance with any treaty or treaties concluded by Her Majesty with any foreign power " ; (e) Dealing with other specified matters of minor importance. As has been shown in the preceding chapter, some of the most important of these prohibitions have been repealed, others have been modified, but some still remain. The power to legislate is also further curtailed by the commission and instructions given to the Governor by the Queen. There are certain classes of subject matter, concerning which it is obvious that legislation and practice ought to be uniform all over the British Empire ; there are other classes of subject matter concerning which Imperial considerations have to be weighed, as against local necessities or prejudices ; and the Governor's commission and instructions — that is, the power of attorney, so to speak, under which he acts for the Queen — oblige him to refer Bills relating to any such subject matter for the consideration ■of the Imperial authorities ; that is to say, in theory, the Queen herself will consider whether she will or will not make the law petitioned for by the South Australian Parliament ; in practice, that the Secretary of State for the Colonies will, after receipt of advice from the law officers of the Crown in England, say whether the Bill shall or shall not become law. Power is al.so reserved by the Queen in the power of attorney given to the Governor, to "disa.low" any Bill within a period of two years, even although the Governor has assented to such Bill. The theory of this is that the Governor has exceeded or misconstrued the powers and instructions given by his power of attorney, and having exceeded his authority, his acts do not bind his principal — ^the Crown.