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 V THE GOVERNOR AND THE LAW §1. Tee EXPENDITURE oF PuBric Funps THERE is another limitation to the right and duty of the Governor to act on ministerial advice, unless he sees fit for adequate cause to dismiss his Ministry or cause them to resign by refusing to accept their advice on some matter which they deem of essential importance to them in the conduct of the Government. He is, as we have seen above, bound to obey the law because he is not immune from action, criminal or civil, if he disobeys the law. His letters patent and his commission record the duty in clear language, and he should remember the paramount importance of being above suspicion of illegality. It is also a matter in which his double responsibility, that to his ministers and that to the Secretary of State, comes into full play. The Colony is entitled to expect that the head of the Government will not in any way infringe the law of the land ; in a constitutional Dominion there is only one way of altering law, that is the change of the law by the legally constituted legislative body, and the violation of law is not a matter which can possibly be condoned without the gravest cause. We have seen in the case of dissolutions the duty which the Governor has thrown upon him to try to secure supply before he grants a dissolution : whenever that is not done there will certainly be a time when the law will, strictly speaking, be violated if the public obligations are to be met. But this fact is subject to various considerations : in the first place, in the Australian Colonies, which are, and have always been, by far the greatest offenders in this respect in virtue of the constant change of Ministries, the practice exists and has always existed for moneys to be paid out on a Governor’s warrant anticipating the sanction of Parliament. This custom is not a desirable one, but it has been so rooted in the practice of those Colonies, now States, that it cannot

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