The British Commonwealth of Nations a Study of Its Past And Future Development
The British Commonwealth of Nations a Study of Its Past And Future Development
H Duncan Hessel Duncan Hall
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{Cape Times, September 10, 1919. ) PROBLEM OF DOMINION STATUS 235 all that mattered, General Smuts was forced, like them, to justify his position by developing the distinction between legal power and constitutional right. "Constitutionally, " he said, " the Union Parliament was the legislative power for " the Union, and the doctrine that the British Parliament was " the sovereign legislative power for the Empire no longer " held good. The British Parliament could not, without the " consent of t...he Union Parliament, pass any law binding " South Africa, without a revolution. . . . " " Mr. Roos : Would it be legal ? " General Smuts : It is not a question of law. It would be " unconstitutional. " 1 This evidence shows clearly that definite declarations of legislative equality and independence have already been made by the Canadian and South African Governments, and by implication accepted by the Parliaments to which they are responsible. But the Treaty debates reveal an even more important fact than this.
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