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

cusp. 1] THE POWERS OF THE GOVERNOR 103 of the prerogative of legislation properly so called, as in the case of a conquered or ceded Colony : it was the exercise of the right to set up in the Colonies by settlement a legis- lature on the English model, and it was a right which could not be exercised more than once, except perhaps to broaden the franchise set up. In the older form in force until the seventies, the practice was to issue a commission to the Governor, which appointed him to his office, reconstituted the Legislature and Executive, and proceeded to give him all the directions necessary for guidance as Governor, and further details were added in instructions! In the seventies in every case the old plan, which was very inconvenient, and as regards the formal reconstitution of the Legislature was meaningless and mis- leading, was abandoned, and permanent provision has been made for the office of Governor by letters patent and a per- manent set of instructions has been issued, while the actual appointment of any individual to be Governor is made by a commission appointing him to the office defined in the letters patent and subject to the instructions. The instructions are, of course, liable to be supplemented by fresh instructions, and these may be given either in the form of instructions under the sign-manual and signet, or merely by dispatch from the Secretary of State; whether formally in the royal name or not seems indifferent, as the only authority which the Secre- tary of State has over a Governor is as the mouthpiece of the Crown. There is of course no legal obligation on the Governor to obey these individual instructions or those which are set out for his guidance in the Colonial Rules and Regulations: disobedience does not invalidate his acts; it is merely a question of his duty to his Sovereign, and as every Governor holds at pleasure the duty can be enforced by recall. As an Imperial officer the Governor is also subject to criticism in Parliament © but like every Colonial officer. he is assured 1 There is no fundamental distinction as regards legal effect between these instruments when they deal with executive matters. For example, pardon is regulated in the Federations and the Union by the instructions. But letters patent are normally used when legislative result is intended.

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