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

120 THE EXECUTIVE GOVERNMENT [parr II the Sovereign in person, or the honour must be conferred by letters patent. Again, it is doubtful what rights the Governor has as against aliens, that is, whether he can perform against them acts of State : the matter might have been determined in the case of Musgrave v. Pulido! had the question been presented in proper form to the Court. It was again dis- cussed by the full Court of Victoria in the case of Toy v. Musgrove? which involved the question whether the Governor had a delegation of the right of the Crown, which was assumed bo exist, to exclude aliens by virtue of the prerogative ; this was held to be the case by the Chief Justice and one other judge, but four judges could not see any ground for the view, and the case was decided by the Privy Council, as too often in most important constitutional cases, on grounds which excluded any decision on this exact point. But whatever may be the case with regard to the prerogative of excluding aliens,—and the doubtfulness of the existence of the preroga- tive combined with the doubtfulness of its delegation seems bo render appeal to it infinitely dangerous—there still remains bhe general question whether a Governor can commit an act of State, or whether his act must be ratified by the Crown. It seems most probable that even a Governor cannot commit such an act, but the matter cannot yet be said to be free from doubt. Only, if he did so, it is certain that the act could be ratified ex post facto,* and if the Colonial Government desired so to act it would obviously be wise that the action should be that of the Governor. It has been held by the Chief Justice of South Australia that the Governor has not without express words the right of declaring a ferry 5; whether this is sound law or not, it would be difficult to conjecture. The matter is fortunately hardly one of any consequence; the grant of ferries by the prerogative is obsolete. * 5 App. Cas. 102. 2 14 V.L.R. 349. ® [1891] A. C. 272, * Buron v. Denman, 2 Ex. 167. See below, pp. 134, 169. * Dewar v. Smith, 1900, S. A. L. R. 38, at p. 41. CE. in re international and interprovincial ferries, 36 S. C. R. 2086.

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