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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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

cusp. 1] THE POWERS OF THE GOVERNOR 123 by her direct representative, the Governor-General. ‘This admirable judgement,” wrote Todd?! in 1880, ‘entirely accords with the constitutional doctrine propounded at the beginning of this section, which reserves to the Sovereign, or to her direct and immediate representative, the administra- tion of the prerogative of honour.’ It does not seem to have occurred to the Court or to Mr. Todd to find the ground for the exercise of the right of conferring an honour which justified the Governor- General in doing so. It seems to have been assumed that he had the right, and the decision of the case remained for years prevalent in Canada. But the whole doctrine received a rude shock from the decision of the Privy Council in the case of The Liquidators of the Maritime Bank of Canada v. The Receiver-General of New Brunswick, which abolished effectively the theory that the Lieutenant-Governor was not a representative of the Crown or the Legislature able to affect royal prerogatives. This was followed in due course by the reversal of the principle of the decision in the case of Lenoir v. Ritchie by the Privy Council? They held that ¢. 173 of the Revised Statutes of Ontario, which autho- rized the Lieutenant-Governor to confer precedence and appoint Queen’s Counsel in the province was intra vires in view of the powers of the Provincial Legislature under s. 92 of the British North America Act, to alter the constitution of the province, to provide as to provincial officers, and to arrange judicial matters. The essence of the decision was that the act was that of appointing officers, and that accordingly the power of the Federal Government was that of appointing federal officers, that of the Provincial Govern- ments of appointing non-federal officers. Both powers could therefore seem to be within the powers of the executive head of the Government : neither has more power than the nther. but the one is for federal purposes and the other for ' Parliamentary Government in the British Colonies, p. 246 (ed. 2, p. 337). * [1892] A. C. 437. See also Ontario Sess. Pap., 1888, No. 37. Attorney-General for Dominion of Canada v. Attorney-General for Province of Ontario, [18987 A. C. 247.

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