Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Monograph

Identifikator:: 1008918695

URN:: urn:nbn:de:zbw-retromon-20162

Document type:: Monograph

Author:: Jürgensohn, Arved http://d-nb.info/gnd/1045767883

Title:: Weltporto-Reform

Place of publication:: Berlin

Publisher:: Druck und Verlag von Liebheit & Thiesen

Year of publication:: 1910

Scope:: 1 Online-Ressource (XXIV, 317 Seiten)

Digitisation:: 2017

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Kapitel XI. Weltverkehr, Weltbriefmarke und Weltmünze

Collection:: Economics Books

1414 THE JUDICIARY [PART VI In 1909 in Western Australia the condemnation of a murderess raised much excitement; the question was raised in Parliament by the Opposition, and, on the refusal of the Government to reprieve, a deputation waited on the Governor, who, after receiving the advice of ministers, declined on their advice to exercise the prerogative. The occasion was taken for making clear the responsibility of ministers for the action taken! In New South Wales the advent of the Labour Government to office in 1910 was followed by very vehement discussions of the exercise by them of the prerogative of mercy in the case of a murderer, and in cases of strike leaders, with the result that in the Criminal Appeal Bill of 1911 an attempt, severely censured by the Opposition, was made to refer death sentences for recommendation to a council of judges. whose view would have practically been final. It may be added that it has been held in Victoria? that a free pardon does not remove the criminal stain, or exempt a criminal so pardoned from punishment under an Act to prevent the influx of criminals. In the case of the Commonwealth of Australia on its forma- tion the Canadian model was formed : that is, the letters patent ignore the subject in toto, and it is relegated to the instructions, where the whole of the old clause of the letters patent and that of the instructions is run into one; that does not matter, for the royal instructions and the letters patent are only two different modes of signifying the royal pleasure in prerogative matters, and except by statute or usage there is no ground to ascribe more sanctity to one than to the other; indeed the exercise of the prerogative could clearly be delegated by dispatch just as its exercise is in particular cases regulated by dispatch. The terms of the new instruction run as follows — t For South Australia, see Legislative Council Debates, 1910, p. 450. For Western Australia see West Australian, October 6, 1909; Debates, pp. 806-29. t See Parliamentary Debates, 1910, Sess. 2, pp. 41, 704; 1911, pp. 1295 seq., 1316 seq. ; Sydney Bulletin, August 10, 1911. 3 Ryall v. Kenealy, 6 W. W. & A’B. (1.) 193, at pp. 206, 207.

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