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

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

D6 THE EXECUTIVE GOVERNMENT [PART I statute has been considered to be of doubtful validity by so distinguished a lawyer as the Chief Justice of South Australia, so that it cannot be said to be free from doubt. But it does seem quite within the powers of the Governor when he is authorized to do it by letters patent: it is clear that without such authority he could not do it.2 There is no case where any act done by a deputy has been held to be invalid by the Courts, and this is a case where persistent practice would seem to answer adequately theoretic doubts as to the validity of acts so done? On the other hand, the validity of acts done by a Governor when outside his Colony has not been determined in any case, and the custom has not yet had much time to establish itself as valid. It may also be noted that a deputy Governor, if he is trusted with the full control of the Government, may be an officer administering the Government within the meaning of the letters patent, and so may receive privileges, e.g. exemption from customs dues normally granted only to Governors. §4. THE SALARY OF THE (GOVERNOR The salary of a Colonial Governor is paid in every case of the responsible-government Colonies by the Colony of which he is Governor. In every case also the amount is provided by a permanent Act, and is not voted annually. Moreover, it is established by law or custom that the salary of a Governor shall not be diminished during his tenure of office : if Parliament decides to reduce the amount it will take effect only when the new Governor comes into office. The practice was illustrated by the case of Sir Fowell Buxton, L Cf. South Australia Legislative Council Debates, 1910, pp. 530 seq. A Bill to legalize the exercise of statutory powers by a deputy was passed in 1910 by South Australia, but was reserved. * Forsyth, Cases and Opinions on Constitutional Law, p. 80. * Moreover the Interpretation Acts of the Colonies constantly recognize the fact of the administration of the Government by persons appointed other than the Governor. The special grant of power in the case of a federation is due merely to the fact that the Crown could not constitute a federation without parliamentary sanction. For a case of a deputy, see RB. v. Amer. 1 Cart. 718.

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