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

128 THE EXECUTIVE GOVERNMENT [Parr II seals : it is true that there are no express words fettering the prerogative, but the enactment is very clear; it deals with a matter normally regulated by prerogative and deliberately ignores the prerogative, and gives a new and anexpected power to the Lieutenant-Governors of the provinces. It was therefore a mistake to address the same warrant to these provinces as to Nova Scotia and New Brunswick. It would have been better to suggest to these provinces the adoption of the new seals, and this was indeed ultimately done. Again, the decision of the Dominion Parliament to legislate seems to have been clearly wrong : it was no doubt influenced by a doctrine then prevalent in Canada, and asserted by the Supreme Court in the case of Lenoir v. Ritchie that the Provincial Parliaments could not touch the royal prerogatives at all, as the Crown had no part in the legislation of these provinces. But in point of fact the Dominion Parliament had no right to legislate on the topic at all, and the only power which could legislate was the Legis- lature of Nova Scotia or, of course, the Imperial Parliament. The existing letters patent for the Dominions and the states expressly authorize the Governor to keep the great seal and use it for sealing whatever he may have to seal under the Colonial law or practice with it. He is not autho- rized to change the seal, and this is done by the Crown. In the case of the Commonwealth and the Union the Governor- General was authorized to use his private seal until such time as a Commonwealth or Union seal was provided. In the case of the states the Governors were authorized to use the old Colonial seals until there were new state seals provided. A new seal was provided, of course, for the Union of South Africa, but the Dominion of New Zealand did not have a new seal on the occasion of the elevation of the Colony to the rank of a Dominion. New seals are also issued on sach demise of the Crown.? It may be argued from this case that the fact that a subject is specially mentioned in the letters vatent shows that it is * 38. C. R. 575. * See for the form, New Zealand Parl. Pap., 1904, A. 2, pp. 8, 9.

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