Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part I. Introductory

Collection:: Economics Books

CHAP. 11] LEGAL BASIS 71 the Executive Council. S. 33 provides: ‘No officer of the Government shall be bound to obey any order of the Governor involving any expenditure of public money : nor shall any warrant for the payment of money or any appoint- ment to or dismissal from office be valid except as herein provided, unless such order, warrant, appointment, or dis- missal shall be signed by the Governor, and countersigned by the Chief Secretary.” Ministers do not vacate their seats on accepting office. Provision is also made as usual for a Civil List, and for pensions to officers retiring on political grounds! Act No. 5 of 1873 altered the position slightly by providing that the Attorney-General need not be a political officer in the sense of being a member of Parliament, but he must hold office only as long as the Ministry of which he was a member held office. An additional minister was also added, to hold office on the same terms as the other ministers. Act No. 779 of 1901 provided, as an act of retrenchment on federation, that there should be only four officers who should bear such titles and fill such offices as the Governor might appoint. Act No. 959 of 1908 raised the number to six, one of whom should be an honorary minister, and not more than four of the ministers were to be at any one time members of the House of Assembly. The royal instructions recognize that some members of the Executive Council are so ex officio, but they do not limit the number, and the Chief Justice who administers the Government in the absence or incapacity of the Governor has a seat in that body. Even the moderate provisions of the Act of 1855-6 were criticized as being an undue effort to legislate on matters regarding the prerogative, but the Lieutenant-Governor, in reporting on the Bill}? stated that he was advised that the provisions were not illegal, and that it was for the Imperial Government to decide if they should be approved or not. No exception was expressed in respect of them by that Government. In the case of Tasmania, on the other hand, the absolute ' See p. 70, note. + Purl. Pap., July 24, 1856, p. 68.

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