possible to avert the passing of any Bill, and when
he cannot avert the passing, then to veto any Act
of the Colonial Legislature, which is disapproved
of by the Home Government as opposed either to Imperial
law or to Imperial policy. Thus, a Victorian Act,
even when sanctioned by the Governor, must pass through
another stage before it finally becomes law.
It must receive the assent of the Crown, or, in other
words, the assent of the English Secretary of State
for the Colonies, and unless this assent be either
actually or constructively given it does not come
into force.[43] The matter to be carefully noted is
that the Crown, or in other words the English Ministry,
which represents the House of Commons, has, as far
as law goes, complete power of controlling the legislation
even of colonies like Victoria. This power is
both positive and negative. If the Victorian Parliament
fails to pass some enactment necessary in the opinion
of the British Parliament for the safety of the Empire,
then the Parliament at Westminster can pass an Act
for Victoria supplying the needful provisions.
If on the other hand the Victorian Legislature passes
a bill, (e.g. expelling Chinese from the Colony,)
which the Home Government representing the British
Parliament deems opposed to Imperial interests, then
the Government can either direct the Governor to refuse
his assent to the law, or cause the Crown to disallow
it, and thus in any case make it void. When we
add to all this that there are many occasions, which
we can here only allude to, on which a Colonial Governor
can, and does, act so as to hinder courses of action
which conflict with English interests or policy, it
becomes clear enough that, as far as constitutional
arrangements can secure the reality of sovereignty,
the Imperial Parliament maintains its supremacy throughout
the length and breadth of the British Empire.
It is of course perfectly true that Parliament having
once given representative institutions to a colony,
does not dream of habitually overriding or thwarting
Colonial legislation. But it were a gross error
to suppose that Colonial recognition of British sovereignty
is a mere form. It is in the main cheerfully
acquiesced in by the people of Victoria, because they
gain considerable prestige and no small material advantage
from forming part of the Empire. They have no
traditional hostility with the mother country; they
have every reason to deprecate separation, and—a
matter of equal consequence—they believe
that if they wished for independence it would not
be refused them. England stands, in short, as
regards Victoria, in a position of singular advantage.
She could suppress local riot, or cause it to be suppressed,
and she would not try to oppose a national demand
for separation. Hence a complicated political
arrangement is kept in tolerable working order by a
series of understandings and of mutual concessions.
If either England or Victoria were not willing to
give and take, the connection between England and