The Constitution of Canada

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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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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XVI. The Privy Council

Collection:: Economics Books

188 THE PRIVY COUNCIL. In all matters relating to administration, such as routine business, the appointment of officials or the superintendence of state departments, the Governor-General when his con- currence 1s desired is expected to act on the advice of his Ministers. 3. As regards the Provinces. Privy The relation of the Privy Council to the Provinces is of Jownell importance as regards Provinces. (1) the appointment and removal of Provincial Gover- nor, and (2) the disallowance of Provincial bills. By the B. N. A. Act, s. 58 the Lieutenant Governors of the Provinces are to be appointed by the Governor-General in Council, but as regards their tenure of office the 59th section states that “a Lieutenant-Governor shall hold office during the pleasure of the Governor-General” without making any reference to the Council, though the cause of his re- moval is to be communicated to the Senate and House of Commons. The Letellier case, as has been stated, decided that the Governor-General is bound to follow the advice of his ministers as to the removal of a Lieutenant-Governor. Disallow- As regards the disallowance of Provincial Acts the effect asst a1 of sections 56 and 90 is to vest the power of disallowance in Acts. the Governor-General in Council. Though in practice the Governor-General invariably decides the allowance or dis- allowance on the advice of his ministers, the right of acting independently has been claimed for him by at least two Colonial Secretaries. In 1873 the Earl of Kimberley in a de- spatch referring to the proposed disallowance of certain New Brunswick Acts, said “this is a matter in which you must act on your own individual discretion and on which you cannot be guided by the advice of your responsible ministers.” The Earl of Carnarvon, who succeeded Lord Kimberley as Colonial Secretary, took a similar view. The Canadian ministrv. on the

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