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

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

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part I. Introductory

Collection:: Economics Books

CHAP. 11] LEGAL BASIS 79 exercised in the early days of Australia, and also frequently and regularly in the case of Canada. But that was the creation by the prerogative of an officer with powers over a series of Colonies which he exercised separately in each ; he had not and could not have any power over the Colonies as a unit of law,! and therefore both the Federal Acts and the Union Act provide for the appointment of a Governor-General and for the administration of the Government by him with the aid of a Council which is called in Canada the Privy Council, in South Africa and in the Commonwealth the Execu- tive Council. But it is important to note how little more is provided by the Dominion Constitution. 8. 8 of the British North America Act, 18617, declares that the executive govern- ment of Canada is vested in the Queen ; s. 11 provides :(— There shall be a Council to aid and advise in the Govern- ment of Canada to be styled the Queen’s Privy Council for Canada, and the persons who are to be members of that Council shall be from time to time chosen and summoned by the Governor-General and sworn in as Privy Councillors, and members thereof may be from time to time removed by the Governor-General. The Dominion Constitution contains no other provision regarding the matter : the qualifications of senators do not contain any mention of a senator not being a minister, and the qualifications of members are left to the local laws of the Provinces to decide until the Parliament of Canada decides otherwise. But the Dominion Parliament has required re-election in case of the acceptance of salaried office in the Ministry. In Canada the model of the Imperial Privy Council has been followed, and the members of the Privy Council retain membership unless formally dismissed, which would only take place in circumstances which would justify a similar deletion of the name from the roll in England. The Privy Council has also. contained some members who have never held ministerial office and who are only appointed honoris causa. But the rule of cabinet government, which * Soin the case of the Windward Islands the Governor is one, but there are three Colonies with nothing in common save the Governor.

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