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

car. 11] THE GOVERNOR AND MINISTERS 157 given in the case of the Transvaal and the Orange River Colony because the powers were given in express words in the letters patent constituting the Legislature. Ibis difficult to think that the words are really needed, but no exception was taken to them by Mr. Blake in 1876 as regards the Dominion, though they have been criticized severely as regards the Commonwealth, as being needless and useless. Tt is true that the provisions seem purposeless in so far as they grant powers already conceded by law, and it is difficult to see much purpose served by their inclusion. Some of the clauses are peculiarly objectionable as they stand. For example, it was absurd to empower the Governor of the Cape to make laws with the aid of the two houses : he was given that power by the royal Order in Council of May 23, 1850, and this power has never since been capable of revocation by the Crown, so that to include it in letters patent, the power to revoke which is expressly reserved, is not desirable. So again it has never been open to the Crown, since the commission granted to the Governor in 1832 con- stituting a legislature for Newfoundland, to revoke the power of legislation given to that body, and the inclusion of the power in the letters patent of Newfoundland is open to objection as they also are liable to change. On the other hand, the provision as to the constitution of the Council in those letters patent is legitimate, for there isno provision of law or constitutional rule providing for the number. In the other cases, as, for example, that of New Zealand, where the powers in question are all given by the Constitution Act to the Governor, the repetition of them is only meaningless. Other clauses are no longer inserted in the instruments, such as those, formerly normal, delegating to the Governor the power of granting marriage licences, probate of wills, letters of administration, the custody of idiots, and so forth. All these matters are regulated by local law, and the grant of prerogative powers is neither requisite nor useful? and Mr. Blake’s advice in favour of their removal was properly 1 See Harrison Moore, Commonwealth of Australia ®, pp. 300 seq. ; cf. Canada Sess. Pap., 1877, No. 13. See above, p. 104. * Under the Foreign Marriages Act, 1892, the Governor has a statutory

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