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

150 THE EXECUTIVE GOVERNMENT [PART II of Nova Scotia, New Brunswick, and Prince Edward Island, and of British Columbia, are continuations in statutory form of the old Executive Councils which existed under the royal letters patent before the creation of the Dominion. Inthe case of Manitoba, Alberta, and Saskatchewan again, the Iixecu- tive Councils necessarily exist under the Dominion Acts constituting the provinces, and are confirmed by Provincial Acts, as the practice of issuing letters patent for creating such Councils has never been adopted by the Governor- General of Canada, and, indeed, it is obviously more con- venient to do it by the Act of Constitution. But in the six States of the Commonwealth, in the Dominion of New Zealand, in the four Colonies of the Cape, Natal, the Trans- vaal, and the Orange River Colony before the Union, and in Newfoundland, the Executive Council owes its existence to the royal letters patent constituting the office of Governor. Now many acts are assigned by law to the Governor in Council and many to the Governor, who by his instructions is required to consult his Council in the execution of such acts just as much as in the execution of acts which he does not by law perform in Council, and some again are entrusted to his ministers. In none of these cases can it be said that the Governor must act under ministerial advice: apart altogether from the fact that in law he could in every single case swamp his Council with nominee members, and so carry his measure—which is a mere legal possibility, and is not, of course, ever done, though it remains a conceivable power in an emergency—he is never bound to accept the advice of his ministers. He cannot indeed do many things without their advice, for it is provided by law, either in the Constitution Acts or in the Interpretation Acts, or by authoritative usage, that a Governor in Council must act on the advice of the Council! that is, of the majority of * In the Tasmania Interpretation Act, 1906, 5. 12, Governor is defined to mean the Governor acting with the advice of his Executive Council. This carries the matter to its furthest, and is not convenient, but see Cape Act No, 5 of 1883; Union of South Africa I nterprefation Act, 1910. Cf. 30 Vict. c. 3, 88. 12 and 66 ; Constitution, s. 63 (Australia); 9 Edw. VIL c¢. 9, 5. 13 ‘South Africa).

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