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

tHAP. 11] THE POWERS OF THE GOVERNOR 121 § 4. TeE ArPOoINTMENT OF King’s COUNSEL If the view is accepted that the Governor has the whole executive power and nothing more or less, so far as it is needed for colonial government, then it becomes easier to understand the decision of the great case of the appoint- ment of Queen’s Counsel which agitated legal circles in Canada for years! On January 4, 1872, the Governor- General of Canada inquired from the Imperial Government whether since confederation the Governor-General was alone entitled to appoint Queen’s Counsel in Canada, or whether the power was also possessed by the Lieutenant-Governors, and whether a provincial legislature was in a position to pass an Act empowering the Lieutenant-Governor to appoint Queen’s Counsel, and how the question of precedence should be settled. Lord Kimberley, after consulting the law officers, replied on February 1, that the Governor-General had the power to appoint Queen’s Counsel, and that the Lieutenant- Governor had no such right, but that the Lieutenant- Governor could be given the power by statute, and might determine thus the right of precedence in provincial Courts between the counsel with appointments from the Governor- General and those with merely provincial appointments. But despite this correspondence, which he seems not to have known, the Lieutenant-Governor of Ontario on the advice of his ministers decided to appoint certain counsel, and the appointments were notified in the official gazette of the province. The Dominion Government then decided to point out that there was great doubt regarding the soundness of the appointment of these gentlemen, and agreed to issue new commissions by the Governor-General, appointing them Queen’s Counsel for Ontario. Naturally Ontario objected to this procedure, and said that they would legislate, while the Dominion Government recommended that a friendly t Elsewhere there was also doubt, as in Victoria, and the local appoint- ment of Queen’s Counsel in New Zealand dates only from 1903. But it is now universally practised. It began in Victoria in 1863: see Morris, Memoir of George Higinbotham, pp. 81. 82.

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