Grundriß des deutschen Zollrechts

Responsible government in the Dominions (Vol. 1)

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Monograph

Identifikator:: 1753937256

URN:: urn:nbn:de:zbw-retromon-129408

Document type:: Monograph

Author:: Lösener, Bernhard http://d-nb.info/gnd/122898427

Title:: Grundriß des deutschen Zollrechts

Place of publication:: Hamburg, Berlin, Leipzig

Publisher:: Hermes

Year of publication:: 1927

Scope:: 153 Seiten

Digitisation:: 2021

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Fünfter Teil. § 27, Das Zollstrafrecht

Collection:: Economics Books

152 THE EXECUTIVE GOVERNMENT [PART 11 Council, but at any rate there is no example of any law yet having been passed,! and the position, therefore, is not affected by the words in question. In the case of the Federa- tions and of the Union the question of the constitution of an Executive Council does not appear at all, the matter being dealt with in the Constitution Acts, where the Executive Council is constituted by the Acts, though the number of members is not limited or defined in any way.2 The relation of the Governor to ministers is more precisely indicated, not in the letters patent, but in the royal instruc- tions. The oldest form is still illustrated by the case of Newfoundland, where the relative portion of the instructions of March 28, 1876, runs as follows :—3 ITI. And We do require Our said Governor to communicate forthwith to Our Executive Council for Our said Colony these Our Instructions, and likewise all such others from time to time as he shall find convenient for Our Service to be imparted to them. IV. And We do hereby direct and enjoin that Our said Executive Council shall not proceed to the despatch of business unless duly summoned by authority of Our said Governor, and unless three Members at the least (exclusive of himself or the Member presiding) be present and assisting throughout the whole of the meetings at which any such business shall be despatched. ' In Nova Scotia the number of the Executive Council is limited to nine by Revised Statutes, 1900, c. 9,8. 1; and in New Brunswick by the effect of the letters patent of November 2, 1861, to the same number; and in British Columbia, by an Act (c. 12) of 1908, to seven (now, by an Act of 1911, sight). But these are provinces, and there is no parallel now in the case of the States and Dominions. But the members need not be in the Legislature so far as the law is concerned. * 30 Vict. c. 3,8. 11 (Canada); Constitution, s. 62 (Australia); 9 Edw. VIL. c. 9, 8. 12 (South Africa). The Executive Councils in Ontario and Quebec are constituted by the British North America Act, confirmed by the local Acts; by Provincial Acts in Nova Scotia, New Brunswick, and British Columbia; by the old letters patent in Prince Edward Island; those in Manitoba, Saskatchewan, and Alberta by the Constitution Acts of 1870 and 1905 of Canada, and by local Acts. See p- 63. * Cf. the instructions of May 4, 1855. The form is much the same in the still older instructions, e.g. those to Lord Sydenham of August 30, 1840 (Canada Sess. Pap., 1906, No. 18, p. 116).

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