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

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. 11] THE POWERS OF THE GOVERNOR 127 Lieutenant-Governors of each province in Council to alter the great seal from time to time, and also authorized ex post facto the use of the great seal of Nova Scotia as existing at the union, until so altered by the Lieutenant-Governor. On the other hand, the Legislature of Nova Scotia, by two Acts of the same year, 40 Vict. cc. 1 and 2, empowered the Lieutenant-Governor to use the great seal and validated all Acts under the old seal from 1869 to the date of change when it took place. The Dominion Government let the statutes remain in force, though they considered that they should not have been passed before the passing of the Dominion legislation, a strained view, as the right of the Dominion Parliament to legislate was by no means clear. It is certain that the case was confused by all parties. In the doctrine which is clearly correct the Lieutenant-Governors are representatives of the Crown for provincial purposes, and the Crown is part of the Provincial Legislatures. The Governor-General is a representative for federal purposes and the Parliament for federal purposes. The Governor-General had no delegation of the prerogative as regards seals without special words, nor had the Lieutenant-Governor,and the grant of a seal to the Governor-General by the Crown was clearly legal : on the other hand, the grant of seals by the Crown by royal warrant to the provinces generally was equally correct. But the attempt to treat Ontario and Quebec in this way was illegal, and no doubt originated in a slip. It was found necessary to make special provision in this as in other matters for the case of Ontario and Quebec, because they were being separated again after union and could not well use the seal of the union, and so provision was made for the use of the old seals of Upper and Lower Canada until other- wise appointed by the Lieutenant-Governors in Council. That clearly took away the prerogative to appoint other ! The Constitution Acts of Manitoba (33 Vict. c. 3), Alberta (4 & 5 Edw. VIL c. 3), and Saskatchewan (4 & 5 Edw. VIL c. 42) empower the Lieutenant-Governors to alter the seals, but that power is given under a different power altogether, that of creating provinces. The matter is now regulated by provincial legislation in the other provinces.

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