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Procedure.

Under section 50, each House separately, or the two Houses in conjunction, may make rules and orders for the conduct of its or their business and proceedings. The same section contains a provision that each House may make rules and orders with respect to “the mode in which its powers, privileges, and immunities may be exercised and upheld.” These are somewhat startling terms, and on the face of them would justify the House in establishing appropriate penalties for breach of privilege. The term “powers, privileges, and immunities,” however, includes the sanctions which are available to each House, and therefore it is conjectured that “mode” relates exclusively to what may be called procedure—the “machinery as distinguished from the product.”

The procedure in legislation is to some extent regulated by the Constitution itself. The provisions affecting the Royal Assent (sections 58–60) have been already referred to. The proceedings in regard to Money Bills, so far as they concern the relations of the Senate and the House, are considered in the next chapter. The provision requiring the recommendation of money votes by the Governor-General may be here referred to. It is an essential part of our Parliamentary system that every grant of money for the public service shall be based upon the request or recommendation of the Crown. “The foundation for all Parliamentary taxation is its necessity for the public service as declared by the Crown through its Constitutional advisers.”note This principle fixes upon the Ministry a definite responsibility for the national finance, which acts as a safeguard against Parliamentary recklessness. The absence of such a rule in


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the colonies was regarded by Lord Durham as one of the principal factors in the ill-government of Canada; competent observers to-day notice the financial chaos in France and Italy as a consequence of the neglect of this rule. Ever since the introduction of responsible government into the colonies, the rule has in one form or other found a place in colonial constitutions. Consistently, therefore, it is provided in the Constitution that “a vote, resolution, or proposed law for the appropriation of revenues or monies shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor-General to the House in which the proposal originated” (section 56). This provision must, like so much else that belongs to our system of Parliamentary government, be supplemented by conventional rules such as exist in the House of Commons as to the origination of laws imposing taxation, and the prohibition of the increase of the amount asked for by the Crown.

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