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Monograph

Identifikator:: 1713886359

URN:: urn:nbn:de:zbw-retromon-103104

Document type:: Monograph

Author:: Nitti, Francesco Saverio http://d-nb.info/gnd/119470764

Title:: Bolschewismus, Fascismus und Demokratie

Edition:: 1.-10. Tsd.

Place of publication:: München

Publisher:: Hanfstaengl

Year of publication:: 1926

Scope:: 102 Seiten; 1 Portr.

Digitisation:: 2020

Collection:: Economics Books

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cHAP. iI] THE GOVERNOR AND MINISTERS 161 sideration, discussed where necessary between the Governor and the first minister, and becoming operative upon being marked ‘approved’ by the Governor. This system is in accordance with constitutional principle, and is found very convenient in practice. It would be a violation of such principle and extremely embarrassing to all parties in practice that the Governor should attend and preside at the deliberations of Council, and it would be inexpedient to lay down such a rule unless it is intended to be observed. The sub-committee think the proposed change objec- tionable. Clause 6. This is identical with the existing clause 7. In practice the minutes of proceedings of Council are not read over and confirmed. These proceedings are extremely voluminous, a very large part of the public business which 1s transacted in England by departmental action being managed here through Council. In the majority of cases the minutes have been in the interval approved by the Governor and acted on. It might be as well under the circumstances to omit the words providing for this procedure. Clause 7. This clause is new and does not appear suited to Canada. By it in the execution of the powers committed to the Governor, it is provided that he shall consult with the Council, except in cases in which in his judgment Her Majesty’s service would sustain material prejudice by con- sulting the Council thereupon, or when the matters to be decided shall be too unimportant to require their advice, or too urgent to admit of their advice being given in time. According to the accepted view of our Government it is the rule that the Governor should act under advice, and it would be contrary to this view now to propose fresh additions to his individual power of action and by consequence fresh limitations to the powers and responsibilities of his advisers. Clause 8. This clause corresponds with the existing clause 5 authorising the Governor to act under certain limitations in Opposition to advice, but changes to some extent its pro- visions. The language of the present instructions appears less objectionable than that of the proposed substitute, excepting the new proviso, which seems proper. The existing clause gives the power ‘ in case the Governor sees sufficient reason to dissent,” the proposed clause gives it, ‘ in the Governor’s discretion and if it shall appear right,’ language which may possibly bear a wider interpretation as to the grant of a power of which a free people are naturally jealous. 1920

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