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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

cmap. 1] THE POWERS OF THE GOVERNOR 131 as it is one clearly concerning the constitution of the province, and such legislation is reserved for the exclusive control of the Provincial Legislatures by the British North America Act, 1867. Yet it must remain doubtful whether the power of pardon might not be assumed to exist in the case of its accidental omission: it is a regular part of the British Constitution as exercisable by the executive power : if not absolutely indispensable, it is yet almost inseparably con- nected with the legislative power, and it seems that it might be held by the Courts to exist independently of statute, or of express delegation. The case is not, however, likely to come before the Courts, for the power is regularly delegated by letters patent in the Colonies : in the case of the Common- wealth the power expressly applies, as in the case of Canada since 1905, to offences against the laws of the Commonwealth, leaving to the state Governors the power of pardoning offences against the laws of the states, or offences for which trial may take place in the states (excluding no doubt offences against Commonwealth laws as such, though this is not clearly expressed). In Canada the provinces have all by local legis- lation given the Lieutenant-Governors power of pardon, and in the dependency of Papua the Lieutenant-Governor is given the power by a Commonwealth Act of 1905, so that a legal decision of the question is most improbable. It is of interest to note that it was held by the law officers of the Crown ! that the Superintendent of British Honduras had no delegation of the prerogative of mercy, and that, for what it is worth, tells against the view that the power to pardon can be claimed without express warrant of delegation or law. § 7. OTHER PREROGATIVES There are other prerogatives which quite clearly cannot be claimed for a Governor. He does not possess the right to pro- ~laim war or peace? though, of course, he could take steps t Forsyth, Cases and Opinions on Constitutional Law, p. 74. * Heused tobeordered on noaccounttodeclare war; secCanada Sess. Pap., 1906, No. 18, p. 83. But there are cases of the issue of letters of marque : Hannay, New Brunswick, i. 322; contra Haliburton, Nowa Scotia, ii. 311. 7

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