lO NEW SOUTH WALES. 



The Legislature. 



The Legislature of the Colony is made up of the Sovereign^ who is 

 for this purpose locally represented by the Grovernor^ and two Houses 

 of Parliament — a nominee Council and an elective Assembly.* This 

 body is invested by statute with a general legislative capacity, in- 

 cluding the power of making changes in its own constitution and 

 judicial system,'' subject only in certain cases to the necessity of 

 reservation." Its powers are, however, limited — by the principle of the 

 supremacy of the Imperial Parliament, in virtue of which any colonial 

 enactment that conflicts with the provisions of an Imperial statute 

 extending to the Colony is deemed to be inoperative and void;'' by the 

 principle of territoriality, in virtue of which a colonial enactment is pre- 

 cluded from having any extra-territorial effect, except where authorised 

 by imperial statute f and also by certain provisions restricting the 

 imposition of certain kinds of fiscal duties.^ 



The Legislative Council. 



The Legislative Council consists of not less than twenty-one mem- 

 bers, who are appointed by the Governor on the advice of the Executive 

 Council." The present number is sixty-eight,'' of whom one-fourth con- 

 stitute a quorum.' There are certain personal qualifications, but no 

 property qualification. Four-fifths of the members at least must consist 

 of persons not holding any office of profit under the Crown.J Subject 

 to certain provisions as to the vacating of seats and resignation, mem- 

 bers hold office for life."" The chief officer of the House is the Presi- 

 dent, who is appointed by the Governor and Executive Council from 

 amongst the members. Although appointments to the Upper Chamber 

 can only be made by the Governor on the advice of the Executive 

 Council, yet it would seem that the Governor possesses a discretionary 

 power of refusing to act on such recommendation in certain events; as 

 in the case where there was good ground for believing that such 

 recommendation would not be endorsed by the Legislature or the 

 constituencies.' 



The Legislative Assembly. 



The Legislative Assembly consists of 125 elective members, of whom 

 twenty, exclusive of the Speaker, constitute a quorum." Members 

 are subject to certain qualifications imposed by the Electoral Act 1893," 

 and the Constitution Act." Of these perhaps the most important is 

 that which excludes any person holding an office of profit under the 

 Crown, with the exception of the chiefs of the nine great administrative 



» Constitution Act, sec. 1. '' IS and 19 Vic, c. 54, sec. 4 ; 2S and29 Yic. c. .36, sec. 5. 



'' Reservation appears to be still required l^y statute in the case of certain bills, such as 

 bills altering the electoral system. See 13 and 14 Vic, c 59, sec. 32 ; and 18 and 19 Vic, 

 c 54, sec 3. The non-observance of this requirement led to the passing of the Colonial 

 Acts Confirmation Act, 1894. 



•> 28 and 29 Vic, c. 63, sec. 2. ' Beg. v. M'Leod (L.E., 1891, App. ca., 455.) 



''Constitution Act, sec. 45 ; 36 and 37, Vic, c 22, sec. 3. 



s Constitution Act, sec. 2 ; and Letters Patent, cl. 11. 



•' November, 1895. ' Constitution Act Amendment Act, 1890. 



J Constitution Act, sec. 2. '^ Constitution Act, sees. 3, 4, 5. 



' Todd, 657 et se/j. , 821 et seq. "' Constitution Act, sec. 23. " 56 Vic. No. 38, sec. 65. 



° ConstitutionAct, sees. 17, 28; strictly, also, theConstitutiou Act Amendment Act, 1884. 



