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

116 THE EXECUTIVE GOVERNMENT [PART II otherwise with the letters patent creating the office of Governor in the other Dominions and States ; they purport to authorize, empower, and command the said Governor to do all things that belong to his office in accordance with the letters patent, the royal instructions, and any laws in force in the Colony. Tt is, no doubt, not an ideal way of describing the duties of an office, but it is not unusual in English state documents to find that the substance is left to be expressed in some vague and general manner, leaving the content to be gathered from official usage, and that official usage shows clearly that the Governor possesses the whole executive authority of the Colony so far as that authority is needful in a Colony. As usual, the constitution laws in the case of the Federations and the Union express clearly what is left vague in the case of the ordinary Colony, where the preroga- tive and local laws are the source of the authority. When this is realized, we are able to lay the spectre of the reserve power of the Governor, which seems to owe its authority to Todd, who wrote in the second edition of his work on Parlia- mentary Government in the British Colonies?! :— A constitutional Governor is not merely the source and warrant of all executive authority within his juris- diction ; he is also the pledge and safeguard against all abuse of power by whomsoever it may be proposed or manifested, and to this end he is entrusted with the main- tenance of certain rights, and the performance of certain duties which are essential to the welfare of the whole community. And while he may not encroach upon the rights and privileges of other portions of the body politic, he is equally bound to preserve inviolate those which appertain to his own office ; for they are a trust which he holds in the name and on behalf of the Crown for the benefit of the people. These are vague words and may well mean little more than what we have stated above, but they seem to be the source of the statement in Sir H. Jenkyns’s British Rule and Jurisdic- ion beyond the Seas? that © there is no doubt that a Governor will always be held to have had all the power necessary for * p. 36. * 5, 108.

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