Grundzüge des positiven Völkerrechts

Responsible government in the Dominions (Vol. 2)

Bibliographic data

Monograph

Identifikator:: 1735159816

URN:: urn:nbn:de:zbw-retromon-109196

Document type:: Monograph

Author:: Lukas, Eduard http://d-nb.info/gnd/11731532X

Title:: Das wahre Wesen und die wahren Aufgaben der Arbeitslosenversicherung und produktiven Arbeitslosenfürsorge

Place of publication:: Graz

Publisher:: Leuschner & Lubensky

Year of publication:: 1926

Scope:: 63 S.; graph. Darst.

Digitisation:: 2020

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: I. Arbeitslosigkeit als chronischer Zustand

Collection:: Economics Books

1022 ADMINISTRATION AND LEGISLATION [PART v { 4. BILLS AFFECTING THE PrEROGATIVE Bills affecting the prerogative include, of course, all Bills which in any way touch upon the executive power of the Crown exercised by the Crown otherwise than under statute. It would be absurd to expect that every Bill of this sort should be reserved, and the instructions contemplate merely the reservation of Bills of an extraordinary nature and importance. Thus any Bill which purported to allow of the appointment of a Colonial peerage, baronetage, or knighthood, would certainly require to be reserved ; or a Bill conferring precedence, unless that precedence had already been agreed to by the Crown. Bills affecting the prerogative of mercy would require reservation ; the latest case is the reservation by the Governor of Tasmania of a Bill of this sort, passed in 1907 (No. 17) by the Parliament, because it gave certain powers to the Governor. It did not take away the preroga- tive at all, but it conferred upon him the authority to act on a definite scheme of pardon with respect to offenders to whom the principle of indeterminate sentences had been applied. A corresponding Act of Victoria (No. 2106) also dealt with this matter, but it was not reserved because it contained an express saving of the prerogative of the Crown ; this was unnecessary, for it is a fixed rule of construction that the royal prerogative is not affected by anything short of express words or necessary intendment. In the case of Canada, in 1875 a proposal was made to make the Court set up in the place of the Privy Council as a final Court of Appeal the Supreme Court of Canada ; but it was clearly intimated to the Dominion that any such action would be sure to result in the reservation of the Bill, and in its probably failing to become law, and therefore the Act reserved the right of the Crown to grant special leave to appeal ;2 it may t Acts of New Zealand (No. 8 of 1906) and New South Wales (No. 15 of 1905) were not reserved, and contained no saving of the prerogative. The New Zealand Act No. 15 of 1910 regarding indeterminate sentences expressly saves the royal prerogative, * Lord Norton, Nineteenth Century, July 1879, p. 173. Canada Act 38 Viet. c. 11, s. 47; Rev. Stat., 1906, c. 139, s, 50.

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