Die Meistbegünstigung im modernen Völkerrecht

Bibliographic data

Monograph

Identifikator:: 1826613951

URN:: urn:nbn:de:zbw-retromon-217394

Document type:: Monograph

Author:: Bonhoeffer, Klaus http://d-nb.info/gnd/119486512

Title:: Die Meistbegünstigung im modernen Völkerrecht

Place of publication:: Berlin

Publisher:: Springer

Year of publication:: 1930

Scope:: 64 S.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: VII. Das Problem der grundsätzlichen Geltung des Meistbegünstigungsprinzips

Collection:: Economics Books

cuar. 1v] THE PREROGATIVE OF MERCY 1399 the case ; and they, if they are consulted in this manner, will no doubt alwavs be found ready to give their advice. These instructions remained in force until 1892, when the position was changed by the issue of the new letters patent and royal instructions in that year. The instructions in the case of Canada previous to 1878 were of the same type. Thus in September 1861 Sir Edmund Head pardoned a convict, Patterson, despite the contrary advice of ministers,! and in 1875 Lord Dufferin commuted the death sentence passed on Lepine for the murder of Scott in the North-West insurrection to two years’ imprisonment on his personal responsibility, but after the consultation of his ministers, and his conduct was fully approved by the Secretary of State? In November of the same year the Australian correspondence was sent to Canada, and it resulted in the careful reconsideration of the whole matter by Mr. Blake, who in this, as in all other matters, felt strongly that the Ministry must be responsible. It may be added that in 1877 the Governor-General in Council consulted the Imperial Government in Martin’s case. § 2. Tue Views or Mr. Bragg 1x 1876 The position was changed as regards Canada in 1878, as a result of the representations made in 1876 by Mr. Blake on behalf of the Canadian Government. The representations, as mentioned above, arose out of the raising of the question by the Secretary of State as to the form of permanent letters patent to be issued in respect of the office of Governor. The form which was proposed to the Government of the Dominion was that which existed in Australia, and the correspondence which had passed with ! Quebec Morning Chronicle, September 7, 1861. * Canada Gazette, extra, January 19, 1875 ; House of Commons Debates, 1875, pp. 21 seq., 36 seq.; cf. O’Donohue’s case. 1877, pp. 1405 seq. * Hansard, cexxiii, 1075. 4 Canada Sess. Pap., 1879, No. 181 (really Colonial Office Print, N. A. No. 99). 5 Canada Sess. Pap., 1876. No. 116 ; 1877, No. 13; 1879, No. 181.

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