Page:History of Adelaide and vicinity.djvu/705

 Constitutrororsol%ustra,ia ADELAIDE AND VICINITY xxix It is evident that the enormous power exercised by the Ministry rests on a very small legal basis, and it is curious to note that this system of " Responsible Ministry," that is, of advisers theoretically responsible to the Governor and constitutionally and practically responsible to the Parliament, was introduced into Australia simply in pursuance of a few words contained in a despatch of Sir R. Peel to one of our colonial Governors, and that it was originally introduced into Canada simply in pursuance of a conversation between Sir Francis Head and a Secretary of State for the Colonies. . No doubt in both cases public opinion was not only ripe, but had for some time clamored for the change from advisers holding the same opinions as, and responsible to, the Governor, to advisers holding the same opinions as, and practically responsible to, Parliament ; but if public opinion were now to demand some other change, no alteration of the law would be required. Sources of Constitution It has often been stated that in South Australia we have a written Constitution, that in Great Britain they have an unwritten Constitution ; and that therefore our Constitution is rigid and inflexible, whilst the Constitution of the mother country has a flexibility and adaptation to the varying conditions and exigencies which time and evolution bring into existence which is wanting in South Australia. This statement contains a germ of truth, but little more, as a consideration of the various sources from which the two Constitutions are derived will show. The British Constitution is to be found — (a) In various Statutes, which partly formulate, define, and limit the powers of the Crown and the Constitution of the two Houses of Parliament, etc., such as the Act of Settlement, which fixes the devolution of the Crown ; the Septennial Act, which fixes the duration of Parliament ; the various Franchise and Electoral Acts, which fix the qualification of the electors and the elected, etc. (6) In the common law (of which the "Lex et Consnetudo Parliamenti" is part), which, when not altered by Statute, fixes and limits the prerogatives of the Crown, and, in one meaning of the words, the powers and privileges of the two Houses of Parliament, etc. (c) In various conventions or understandings which have not the force of law, but which may be called constitutional axioms ; such as the axiom that it is unconstitutional for the House of Lords to alter a Bill imposing taxes or appropriating revenue ; that the Crown shall choose its own advisers (called Ministers of the Crown) who are in accord with the majority in the House of Commons, etc. The Constitution of South Australia is to be found in — {a) British Statutes referring to the subject ; some of which, though passed anterior to our own Constitution Act, are still in force ; and some of which, such as the Validating Act, have been passed subsequently to the passing of our Constitution Act.