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

138 THE EXECUTIVE GOVERNMENT [PaRT iI receive a pardon after conviction, but it is a striking case of the difficulty which a Governor may incur if he acts on the advice of ministers in a manner which is criminal. In a recent case in Natal in 1906 the magistrate declined to issue process against the Governor of Natal.l $9. THE GOVERNOR'S LIABILITY To MANDAMUS The question of the liability of the Governor of a state to the issue of a mandamus was decided in the case of The King v. The Governor of the State of South Australia? which came in 1907 before the High Court of the Commonwealth. The question arose out of a disputed return for an election of senators for the State of South Australia, at the end of 1906. Of the three candidates who were returned at the election, the election of one was declared by the High Court, as a Court of Disputed Returns, to be void, and accordingly on July 2, 1907, the Governor forwarded a message to the Legislative Council and the Legislative Assembly of the state, informing them of the vacancy in the representation of the state in the Senate, and saying that he was advised that the vacancy should be filled by the Houses of Parliament sitting together, as laid down by s. 15 of the Commonwealth Constitution for the case when the place of a senator had become vacant hefore the expiration of his time of office. It was contended by supporters of the unseated senator, Mr. Vardon, that a fresh election should be held, and that the appointment should not be made by the Houses of Parliament ; but despite the protest, the Houses of Parlia- ment at a joint sitting on the 11th of July elected Mr. J. V. O’Loghlin to fill the vacancy. An order nisi for a mandamus to the Governor was then granted by the High Court on the ground that a new election ought to have been held, ' Cf. Parl. Pap., Cd. 4403, p. 129. '4 C. L. R. 1497. Curiously enough, the Court of British Guiana in 1907 had the same issue before it in the shape of an attempt to mandamus a Governor to grant a certain concession in respect of rubber-bearing lands. It inclined to think a mandamus would lie, but held that the law gave the Governor an absolute discretion, and so did not decide the point.

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