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

118 THE EXECUTIVE GOVERNMENT [PART II case if the prerogative were legislative. As a rule, however, the prerogative is now exercised under the Imperial Coinage dct of 1870, and has become a statutory power which has been exercised in self-governing Dominions like Canada and the Commonwealth.! But there is no record of the grant of the prerogative to a Governor, nor can it safely be assumed that he ever has possessed it. Nor can a Governor grant royal charters of incorporation. That again is a prerogative right of the Crown which is not a legislative act, and which has been used to create several banks doing business in the Dominions, besides other financial companies. Such a charter gives the bank a status in England and, subject to local law, in the Colony. Charters are still issued from time to time in renewal of old charters granted to such banks, e.g. in 1911 to the Bank of British North America.? But as in the case of coinage, it is recognized that the charter can only confer privileges so far as they are in accordance with the law of the land. It is presumed that as the charter power is a prerogative right the power to issue a charter would render its clauses valid except when they ran counter to a positive enactment, and not merely when they conflicted with the common law, if such conflict existed. Charters, moreover, sometimes purport to repeal clauses of Acts passed in the Colonies, but it is certain that such claims are empty, except when authorized by legislation, as they sometimes are, as in the case of the Canadian Loan Corporation. On the other hand, charters may have validity throughout the Empire if so expressed, and if, for example, a charter laid down certain rules which were contrary to rules laid down by an Act in one Colony, the charter might still have effect elsewhere. The system is, however, now antiquated, and charters are, as a rule, issued only with the consent of the Colonial Government concerned to great national undertakings, like universities or leagues of nurses, - It is regulated now by local Acts in these Dominions. * He has done so in the past, e.g. in New Brunswick ; see Hannay, i. 151. ' The disuse of the prerogative as to a Colony believed in by Nesbitt J., 36 S. C. R. 206, at p. 213, is hardly real.

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