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

170 THE EXECUTIVE GOVERNMENT [PART II constitution, or complete system of government, as well as a constitution of the Houses of Legislature, was the design present to the minds of the framers of the Constitution Act, and that that design has found adequate, though obscure, legal expression in that Act; thirdly, that the two bodies created by the Constitution Act, the Government and the Parliament of Victoria, have been invested with co-ordinate and interrelated, but distinct functions, and are designed on the model of the Government and the Parliament of Great Britain to aid each other in establishing and maintain- ing plenary rights of self-government in internal affairs for the people of Victoria ; fourthly, that the Executive Govern- ment of Victoria, consisting of the Ministers of the Crown, are responsible to the Parliament of Victoria for the exercise of all the powers vested by the Constitution Act in the Governor as the representative of the Crown in Victoria, and that they, and they alone, have the right to influence, guide, and control him in the exercise of his constitutional powers created by the Constitution Act; fifthly, that the Executive Government of Victoria possesses and exercises necessary functions under and by virtue of the Constitution Act)! similar to, and co-extensive, as regards the internal affairs of Victoria, with the functions possessed and exercised by the Imperial Government with regard to the internal affairs of Great Britain. Sixthly, that the Executive Govern- ment of Victoria, in the execution of the statutory powers of the Governor expressed and implied and in the ‘exercise of its own functions, has a legal right and duty, subject to the approval of Parliament, and so far as may be consistent with the statute law and the provisions of treaties binding the Crown, the Government, and the Legislature of Victoria, bo do all acts and to make all provisions that can be necessary and that are in its opinion necessary or expedient for the reasonable and proper administration of law, and the conduct of public affairs, and for the security, safety, or welfare of the people of Victoria. The case in question was decided against the defendant * He condemned as usurpations of authority the delegation by the letters patent of the power to appoint officers, given by 18 & 19 Vict. c. 55, sched. 5. 87, to summon and prorogue Parliament, and dissolve the Assembly ({ibid., 8. 22), and the pardoning power which he believed to be inherent in the executive authority; see p. 382. It may be added that he also held in another case that there was no territorial limitation on the legislative capacity of the Parliament (see Part I1I, chap. ii).

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