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

[30 THE GOVERNOR-GENERAL. Vor Bpate statute, and by the Instructions accompanying his Commission, yet he does not enjoy the privilege of complete exemption from legal liability. For all acts done under and within the limits of the authority confided to him the representative of the Sovereign is protected, “because in doing them he is the servant of the Crown and is exercising its sovereign autho- rity’;” and hence, where an action was brought against the Lord Lieutenant of Ireland for an alleged illegal seizure of property, the Irish Court of Common Pleas held, that as the act complained of was an act of state done by the Lord Lieutenant as such, the action would not lie? On this principle the Governor of a Colony may be Justified in case of rebellion, or exceptional disturbance, in resorting to a proclamation of martial law, ie. in assuming absolute power and exercising it by military force, but such power must be exercised bond fide for the purpose of main- taining the safety of the colony and with reasonable modera- bion under the circumstances. Any abuse of such power will render the governor criminally and civilly liable®. ’ For Acts For acts which are beyond the authority confided to i Within him the Governor of a colony is responsible. “Such acts authority. though the Governor may assume to do them as Governor cannot be considered as done on behalf of the Crown nor to be in any proper sense acts of State. When questions of the kind arise it must necessarily be within the province of municipal Courts to determine the true character of the acts done by a Governor, though it may be that when it is established that the particular act in question is really an act of state policy done under the authority of the Crown, the defence is complete and the Court can take no further cog- nizance of £47” L Per P. C. in Musgrave v. Pulido, 5 App. Cas. 102, 49 L. J, P. C. 20. * Luby v. Lord Wodehouse, 17 Ir. Com. L. R. 618, ? See Wright v. Fitzgerald, 27 St. Tr. 765. Report of R. v. Eyre by Finlason: Broom’s Constitutional Law, 2nd Ed. p. 653. 4 P. C. in Musarave v. Pulido, 5 App. Cas. 102, 49 L.. J. P. C. 20.

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