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 105 serious doubt arising as to the power of the Governor- General to pardon at all, for the power may not be included in the general power of a Governor! The reason, of course, why the instruments are not so necessary in the case of a Federation or a Union—for the same set of instruments has been issued for the Union of South Africa (excluding only the power of appointing or dismissing officers)—arises from the fact noted above that the Executive Government of a Federation is a matter which requires statutory creation, just as a Federation itself could not be created by the Crown. § 2. THE GOVERNOR AND THE PREROGATIVE The exact extent of the power delegated to a Governor remains a matter of dispute, and the question has not been much enlightened by the cases in the Courts as to the Governor not being a Viceroy. The tendency of these decisions, it is held by Mr. Tarring in his Law Relating to the Colonies? is to exempt the Governors of Colonies from liability to answer in civil actions for acts of state in the Courts both of the Governments and of England. In support of that view he seems to rely upon the case of Musgrave v. Pulido? decided in the Privy Council in 1879 : the case is so important for its actual decision, and in its bearing on the question of a Governor’s power, that it may be set out in part :— To an action of trespass brought against the appellant, Sir Anthony Musgrave, in the Supreme Court of Jamaica, for seizing and detaining at Kingston in Jamaica, a schooner called the ‘ Florence’, of which the plaintiff was charterer, and which had, as alleged, put into the port of Kingston in distress and for repairs, the appellant pleaded the following plea :— ‘The defendant, Sir’ Anthony Musgrave, by his attorney, comes and says that he ought not to be compelled to answer in this action, because he saith that at the time of the grievances alleged in the said declaration, and at the time of the commencement of this action, he was and still is i Cf. The Pardoning Case’, 23 S. C. R. 458, at p. 468 (per Strong C.J.). ' (3rd ed.) pp. 44 seq. 5 App. Cas. 102. Cf. dicta in 4 C. L. R. 789, at pp. 796, 805.

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