Hansische Beiträge zur deutschen Wirtschaftsgeschichte

Responsible government in the Dominions (Vol. 1)

Bibliographic data

Monograph

Identifikator:: 1782566376

URN:: urn:nbn:de:zbw-retromon-169787

Document type:: Monograph

Author:: Rörig, Fritz http://d-nb.info/gnd/116593113

Title:: Hansische Beiträge zur deutschen Wirtschaftsgeschichte

Place of publication:: Breslau

Publisher:: Hirt

Year of publication:: 1928

Scope:: 284 S.; Kt.

Digitisation:: 2022

Collection:: Economics Books

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

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: V. Die Hanse und die nordischen Länder

Collection:: Economics Books

L114 THE EXECUTIVE GOVERNMENT [PART II It was contended that, under ‘The Supreme Court Procedure Law, 1872,” of the Colony, which provides that defects in form shall be disregarded, and that, on demurrer, the court shall give judgment according to the very right of the cause, the judgment should now be given for the defendant ; but their Lordships think, for the reasons above given, that upon this ambiguous and defective plea a proper and final judgment on the right of the cause cannot be pronounced. In the result, their Lordships must humbly advise Her Majesty to affirm the judgment of the court below, and with costs. It is hard to see exactly how Mr. Tarring deduces this conclusion from the judgement in question. What the case decided would appear to be that the attempt by the Governor to set himself up as a Viceroy, i. e. as one against whom no action at all for his official conduct can be brought, failed. The Viceroy of Ireland is clearly in that position : that is to say, an action against him for any official act will be stayed by the court on application, without examining the colour of the act in question. The privilege is based clearly on the fact that the Lord-Lieutenant is really sn loco regis : he is no more answerable for his actions than the King himself, and presumably any action must be taken against some subordinate. The position of the Lord-Lieutenant was ap- parently not finally thought out by the Judicial Committee, but with regard to the case before them they show clearly that a Governor cannot expect to be exempt from jurisdiction unless he shows that he has acted in accordance with law. But it also seems clearly established by the words in that case, following the case of Cameron v. Kyte, that the Governor has not the full power of the Crown, and that even lawful acts done under the authority of the Governor may be illegal if he has not the requisite delegation of power. For example, it was not decided, or indeed clearly brought forward, in the case of Pulido whether the act might have been regarded as an act of State against a foreigner; in that event it would probably have been held that, had it been ratified by the Crown even ex post facto, it would have been valid, for that

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 1)

Monograph

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation