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

104 THE EXECUTIVE GOVERNMENT [pART IT of the support of the Secretary of State so long as he has acted within his instructions and in good faith. In the case of the ordinary Colony or State no question has ever arisen as to the validity of the issuing of letters patent to define the duties of the Governor. Nor was the point raised by the Canadian Government when Mr. Blake 1 criticized very searchingly the commission and instructions of the Governor-General in 1876. But on the issue of the letters patent for the Governor-General of the Commonwealth their terms were criticized by several authorities, including Sir J. Quick ? and Professor Harrison Moore, as being need- less, as the power was already conferred upon the Governor- General by the Constitution. As a matter of fact, the attack on the letters patent as a whole was hardly valid, and has been in some measure modified by Professor Harrison Moore in the later edition of his work on the Commonwealth of Australia? Clauses II, VI, and VII of the letters patent of October 29, 1900, were clearly required to delegate the keeping of the great seal to the Governor-General, to permit of his appointing deputies on the conditions laid down, and to allow of the appointment of an administrator of the Govern- ment. It is true that the powers of appointing officers, of dis- missing them, and of summoning, proroguing, and dissolving Parliament given by clauses III-V of the letters patent were somewhat unnecessary, being copied from the older Canadian model without regard to the exact terms of the Common- wealth Act, but they were innocuous; and of the royal instructions, the clauses regarding oaths were necessary to empower the Governor-General to impose the oaths in question, and that delegating the prerogative of pardon has not only shown the limitations of the power, but also avoided ! Canada Sess. Pap., 1876, No. 116; 1877, No. 13. * Cf. Garran, The Government of South Africa, i. 375. See Commonwealth of Australia, pp. 300 seq. * These powers are also in all cases (including Newfoundland) somewhat needless, for there are statutory powers as to appointments, usually giving them to the Governor in Council. But they are harmless, and could be used to supplement the statute and render appropriate appointments to the higher offices by instruments in the King’s name.

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