CONSTITUTION AND LAWS. 1 5 



would have the effect of imposing any additional charge on the people ;' 

 but this claim has commonly been resisted by the Assembly.'' With 

 respect to general legislation, although the powers of the two Houses are 

 formally equal, yet the Assembly exercises in the long run a predomi- 

 nating influence, OAving, no doubt, to its representative character, its 

 control of the public purse, and, perhaps, in the last resort, to the pos- 

 sibility of " swamping." Although this extreme step has never, so far 

 at least as relates to the Colony, been authoritatively sanctioued,"" and 

 although it may, perhaps, be unconstitutional, yet the fact that there 

 is no maximum limit to the number of the Council, and that the right 

 of making additions to it is vested in the Executive, undoubtedly tends 

 to diminish the chances of any permanent deadlock." 



The Royal Assent. 



The assent of the Crown is essential to the validity of colonial 

 legislation. This assent, however, is usually given as a matter of 

 course, through the Governor.'' Strictly, a colonial Act, even after 

 it has been assented to by the Governor, may be disallowed by the 

 Crown, through the Secretary of State for the Colonies, within two 

 years -/ but in practice this right is not taken advantage of. There 

 are, however, certain bills which the Governor is required either by 

 statute* or by his Instructions to reserve. By his Instructions the 

 Governor must reserve all bills relating to divorce, or involving any 

 grant of land or money to himself, or affecting the currency oif the 

 colony, or imposing differential duties,'' or inconsistent with imperial 

 treaties, or interfering with the discipline of the Eoyal forces in the 

 colony, or to the prejudice of the prerogative or the rights and property 

 of British subjects outside the Colony or the trade and shipping of 

 the United Kingdom, or containing provisions to which the Royal 

 assent has already been refused.' But even these bills the Gover- 

 nor is empowered to assent to, in case of emergency, except where 

 the bill is repugnant to the law of England or inconsistent with 

 Imperial treaty. This obligation of reservation is perhaps a necessary 

 measure of precaution ; but in practice the colony enjoys the fullest 

 freedom of legislation in regard to its own domestic affairs. Between 

 1855 and 1890, only 15 bills were reserved, and none of these were 

 finally disallowed.J 



The Executive Council and Ministry. 



The Governor is the titular head of the executive department of 



government, but like the sovereign in England he is required to 



exercise these powers, at the instance and on the responsibility of 



certain constitutional advisers. Many of his powers he is expressly 



^ See ruling of Sir T. Murray, 26th April, 1871 ; see also Official History, pp. 269, 

 355, 371, 401, 457, 472, 522, 606. 



b See Official History, pp. 401, 472, 522, 605. 



•^ An abortive effort at swamping appears to have been made in 1861 ; see Official 

 History, 334 et seq. 



^ As to the functions of a nominee chamber generally, ste Toil J, 695 et S''g. As to 

 nominations to Upper House, see p. 10 supra and references there cited. 



^ 5 and 6 Vic, c. 76, sec. 31. f lb., sec. 32. k 13 and 14 Vic, c 59, sec 32. 



^ Except so far as is allowed by the Australian Colonies Duties Act, 1873. 



' Instructions 1892, cl. 8. 



J Todd, 158. Even the Divorce Amendment Act of 1892 was ultimately sanctioned. 



