The Constitution of Canada

Bibliographic data

Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XV. The Governor-General

Collection:: Economics Books

LEGISLATIVE POWERS. 1A5 5. By a clause in the Letters Patent the Crown has Summons conferred on the Governor-General all powers belonging to ves par the Crown in respect of the summoning, proroguing, or lament. dissolving of Parliament. 6. He assents to bills on behalf of the Crown. Assents to The position of the Governor-General in regard to Bis. assenting to bills is governed by the 55th section of the British North America Act 1867 :— “Where a bill passed by the Houses of Parliament is presented to the Governor-General for the Queen’s assent, he shall declare according to his discretion, but subject to the provisions of this Act and to Her Majesty's Instruc- tions, either that he assents thereto in the Queen's name or that he withholds the Queen’s assent, or that he reserves the bill for the signification of the Queen’s pleasure.” Tt will be seen from this section that “subject to Her Majesty’s Instructions” three courses are open to the Governor-General “according to his discretion,” he may assent to the bill, or he may veto it, or he may reserve it for the Queen’s pleasure. It is therefore necessary to enquire what Instructions are usually given to the Governor-General, and how his discretion in assenting or vetoing is usually exercised. As regards the Instructions they are silent on the subject, except in so far as they require him to transmit all laws assented to or reserved by him, with explanatory observ- ations in regard to the occasions and reasons for proposing such laws®. Previous to the revision of the Instructions in 1878* the Governor-General was expressly required not to assent to bills which related to divorce, or granted land or money to the Governor, or made paper money legal tender, or imposed differential duties, or were contrary to treaty stipu- lations, or infringed the discipline or control of Her Ma- jesty’s forces, or affected the Royal prerogative, or contained 1 Yee Instructions in Appendix. 2 See ante, p. 162.

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