Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

CHAP. 1V] THE GOVERNOR AS HEAD 233 the justice of the censure. They proved that by their votes in the Legislature ; but had they not voted at all, or even if their opinion had been averse to that arrived at by Parlia- ment, it seems clear that they are bound to respect that decision and to act upon it as they have done by advising the removal. It has been argued that while by the 58th clause of the Act, Lieutenant-Governors are to be appointed by the Governor-General in Council by instrument under the Great Seal, the 59th clause provides that he shall hold office during the pleasure of the Governor-General, and that therefore while the appointment must be under the advice of a Responsible Ministry, the removal may be made by his Excellency without reference to his Council, and the 12th clause of the Act is quoted in support of that view. That clause provides as to what powers, authorities, and functions are to be vested in the Governor-General with the advice of his Privy Council, and what in the Governor-General himself. The argument is not, however, tenable. Long before Con- federation the principle of what is known as Responsible Government had been conceded to the Colonies now united in the Dominion. This principle established that in all matters of internal concern the representative of the Crown should act according to the advice of Ministers enjoying the confidence of Parliament. The concession was not with- drawn by the Confederation Act. On the contrary, it begins by a preamble stating the desire of the Provinces to be united into one Dominion with a constitution similar in principle to that of the United Kingdom ; and this has been carried out in" theory and practice in the Dominion of Canada from the commencement of its existence. The principle forms part of our constitution now as it did in those of the several Provinces before the Union. It is a part of the lex non scripta of the constitution, and any express enactment of the principle was wisely avoided. _ A comparison between the elasticity of the British constitu- tion and its gradual development under an unwritten law with the rigidity of a written constitution as existing in the United States has shown the superiority of the former system. Whether, therefore, in any case power is given to the Gover- nor-General to act individually or with the aid of his Council the act as one within the scope of the Canadian Constitution must be on the advice of a Responsible Minister. The distinction drawn in the Statute between an act of the Governor and an act of the Governor in Council is a technical one, and arose from the fact that in Canada for a long period

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