Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

Bibliographic data

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

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

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 II. The executive Government

Collection:: Economics Books

cap. 1] THE POWERS OF THE GOVERNOR 111 mission, he is protected, because in doing them he is the servant of the Crown, and is exercising its sovereign autho- rity ; the like protection cannot be extended to acts which are wholly beyond the authority confided to him. Such acts, though the governor may assume to do them as governor, cannot be considered as done on behalf of the Crown, nor to be in any proper sense acts of state. When questions of this kind arise it must necessarily be within the province of municipal courts to determine the true character of the acts done by a governor, though it may be that, when it is established that the particular act in question is really an act of State policy done under the authority of the Crown, the defence is complete, and the courts can take no further cognizance of it. It is unnecessary, on this demurrer, to consider how far a governor when acting within the limits of his authority, but mistakenly, is protected. Two cases from Ireland were cited by the defendant’s counsel, in which the Irish courts stayed "proceedings in actions brought against the Lord Lieutenant of Ireland. In these cases the Lord Lieutenant appears to have been regarded as a viceroy. In both the facts were brought before the court, and in both it appeared that the acts complained of were political acts done by the Lord Lieutenant in his official capacity, and were assumed to be within the limits of the authority delegated to him by the Crown. The courts appear to have thought that under these circumstances no action would lie against the Lord Lieutenant in Ireland, and upon the facts brought to their notice it may well be that no action would have lain against him anywhere. (Tandy v. Earl of Westmoreland! and Luby v. Lord Wodehouse.?) Several cases were cited during the argument of actions brought against the East India Company and the Secretary of State for India, in which questions have arisen whether the acts of the Indian Government were or were not acts of sovereignty or state, and so beyond the cognizance of the municipal courts. The East India Company, though exercising (under limits) delegated sovereign power, was subject to the jurisdiction of the municipal courts in India, and it will be found from the decisions that many acts of the Indian Government, though in some sense they may be designated ‘ acts of State’, have been declared to be within the cognizance of those courts. Thus in the Rajah of Tangjore’s case 3 the question to be decided was thus stated ‘27 St. Tr. 1246. * 17 Ir. C. L. R. 618. Cf. Sullivan v. Spencer, Ir. R. 6 C. L. 173. # 13 Moo. P. C. 22.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 1)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation