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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

CHAPTER 1V THE GOVERNOR AS HEAD OF THE DOMINION GOVERNMENT § 1. TE DissoLuTioN oF THE LOWER HOUSE WE have seen that the Governor, as a rule, cannot act except with the aid of ministers; as was pointed out by Mr. Blake in the discussion of the royal instructions, the Governor must have some ministerial officers to assist him to act at all, and a Colonial Government can refuse him all assistance, even in so slight a matter as the mechanical means of carrying out an order. Of course, occasionally cases may happen where the Governor has the mechanical means of acting within himself ; for example, the grant of a pardon needs, strictly speaking, no assistance from ministers ;! the pardon would operate when signed by the Governor without need of further action, and would cause further imprison- ment to be illegal, so that the friends of the imprisoned man could secure his release by habeas corpus, and the prisoner on securing his release could sue for damages for false imprison- ment, if a Ministry were to go the length of trying to refuse to obey such a direction. Or again, sometimes the act required may be as simple as that of Sir W. Denison? in sealing a grant which the minister had refused to seal, for the Governor is the legal custodian of the seal as laid down in the letters patent. Or again, it may be merely the publica- tion of a document such as the Royal Order in Council of September 1907 regarding the Newfoundland fisheries, which the Governor himself arranged to have published in the gazette of the Colony, both cases being cases of obedience to Imperial orders. “But normally the Governor’s attitude ' So in October 1864 Sir G. Grey offered a pardon to the rebels on his own responsibility, the Ministry resigning as a result: ef. Parl. Pan.. March 2. 1865, p. 4. * New South Wales Legislative Assembly Votes, 1861, i. 58, 416, 547-743 ; Rusden, Australia. iii. 498, n. 2. N

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