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

cHAp. 111] THE GOVERNOR AND MINISTERS 169 Musgrove In 1888 a British ship had arrived at Melbourne having on board about 268 Chinese emigrants, one of whom was Chun Teeong Toy. The number was in excess of that which, under the existing laws of Victoria, could be lawfully brought into the port. The Collector of Customs, Mr. Musgrove, was instructed by the Commissioner of Trade and Customs, a responsible minister, that no Chinese other than such as were British subjects should be allowed to enter Victoria. Chun Teeong Toy brought an action in the Supreme Court of Victoria claiming damages from Mr. Mus- grove. In defence it was urged that the Court had no jurisdiction, as the acts of the officer were acts of State ratified by the responsible minister and by Her Majesty’s Government of Victoria.2 The second defence was that the acts were done in virtue of the power of the Crown to exclude aliens, that this power was vested in the Governor of Victoria to be exercised by him through Her Majesty’s Ministers for Victoria. The Chief Justice’s opinion was in favour of the defendant on the ground that the prerogative of excluding aliens was a prerogative of the Crown of England? and that a power equivalent to the prerogative had been vested bv law in the representative of the Crown in Victoria, and could be exercised by the Governor on the advice of his responsible ministers. He took occasion to express at full length his opinion on the subject of the constitutional rights of self- government belonging to the people of Victoria. In the course of his judgement his conclusions were summed up as follows «4 I am of opinion, first, that the Constitution Act, as amended and limited by the Constitution Statute, is the only source and origin of the constitutional rights of self- government of the people of Victoria ; secondly, that a ‘ (1888) 14 V. L. R. 349. Cf. Lefroy, Legislative Power in Canada. pp. 116 seq.; above, pp. 120, 134. * All the judges rejected this defence, on the ground that the right to do an act of State did not belong ex officio to the Governor, and that there had been no ratification by a competent authority. * This is practically certainly bad law as so put. 14 V. L. R. 349, at pp. 396, 397.

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