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

cpap. 1] THE POWERS OF THE GOVERNOR 141 remit the term of punishment in accordance with such regulations. The Governor in Council had power to remit the term of imprisonment of the applicant ; he had not done so, and the most that the High Court could be asked to do would be to issue a mandamus to the Governor in Council to consider the matter. But no mandamus lay to the Gover- nor in Council! and no court had jurisdiction to review the discretion of the Governor in Council in the exercise of the prerogative of mercy. The rule is obviously reasonable and sensible, though a certain anomaly is possible. If a statute throws upon a minister a certain duty, a mandamus will lie to him, if he has a special duty towards members of the public as well as a duty to the Crown. But in a similar case, if the Governor or the Governor in Council were specified as the person to perform the duty there would be no redress by mandamus. The difficulties of endeavouring to enforce the action of a Government by mandamus are too obvious to need discussion : if a duty is imposed on the Governor or the Governor in Council, it must be assumed that the intention is to reserve the performance of the duty for the deliberate action of the Government as a political entity, and to remove the matter from the arbitration of the Courts, Where the line is to be drawn cannot, of course, be settled by anything save the will of the Parliament. § 10. PErITIONS OF RIcHT Here may be mentioned another prerogative of the Crown which is not delegated to the Governor by the letters patent, and which cannot be exercised by him unless under statute. It is a rule of law that the Crown and its servants cannot be sued on official contracts. It is recognized that these ! So in Canada the same doctrine has been applied even to a Lieutenant- Governor by Taschereau J. in Church v. Ml iddlemiss, 21 L. C. J., at p. 319, and, by Papineau J. in Molson v. Chapleau, 6 L. N., at p. 224. See Lefroy, Legislative Power in Canada, pp. 95-7; and cf. Hamburg America Packet Oo. v. The King, 33 8. C. R. 252; inre Sooka Nand Verma,7T W. A. L. R. 225.

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