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

crap. 11] THE POWERS OF THE GOVERNOR 129 one which would not be included in the usual grant of power to a Colonial Governor, except for express words. But this argument would be erroneous, because the letters patent are not historically such instruments as can be relied upon for giving indications of deliberate views of law on such apoint. They are, historically, revised versions of documents which were used in days of Crown Colony administration, and the idea in setting forth the rights of the Governor was mainly to secure that he did not exercise more of the execu- tive power than he was wanted to do, and therefore the present form of these instruments does not shed light on a distinction between executive authority and the delegation of special prerogatives. For example, all the letters patent confer on the Governor the power of appointing and dis- missing officers. These clauses are certainly not necessary to confer the right even in cases where, like Tasmania or the Cape, no special provision is made in the matter in the Constitution Acts. In the Crown Colony letters patent they are inserted to limit and define, by the further conditions there added, the power of dismissal, and in the early days of responsible government, indeed sometimes right down to the days of the issue of permanent letters patent after 1875, the power of dismissal was hampered by directions as to the procedure to be adopted so as to secure that each case was fully investigated, just as it still is under the Crown Colony régime. Nowadays when they are merely formal they are otiose, and in this regard the letters patent are hardly needed. § 6. THE PREROGATIVE OF MERCY A different problem is presented by the letters patent con- ferring the power to pardon. Is the power to pardon a pre- rogative which is carried by a grant of executive authority generally ? There is unhappily no real case on the subject which is quite in point. The matter isone of those which have been considered at great length in Canada in connexion with the power of the Lieutenant-Governors to pardon offences against the laws of the provinces. The power of pardon in Canada generally was beyond question conferred on the 1279 -

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