Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

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

CHAP. v] THE GOVERNOR AND THE LAW 257 language, the action in cases like that referred to is that of the Governor alone, and not the joint action of the Governor and his Responsible Advisers.” It is true that the personal responsibility of the Governor in no way absolves him from attaching great weight to the opinions of his ministers in respect to fact, law, or expediency. He must almost necessarily accept their statements on matters on which he is himself imperfectly informed. But with these qualifications he remains in the last resort the judge of his own duty, and is not at liberty on the advice of his ministers to sign the warrant required by the 55th clause of the Constitution Act, if he is clearly convinced that to do so would be to commit an act contrary not only to the letter but to the spirit of the law. I am unable therefore to recall the instructions already communicated to you. You are to consider the Legislature as the most authoritative exponent of the will of the Colony. When the Legislature has enacted a law you are not to transgress that law unless on a reasonable ‘conviction that the Legislature would itself approve your doing so. Bub you are justified in assuming such an approval under the pressure of one of those overwhelming emergencies, dangerous to anticipate or define, which dispense with all rule, or in cases of less moment when there are specific reasons for pre- suming that the Legislature will sanction a certain specific expenditure, and will desire its sanction to be anticipated. I trust there is little chance, as apprehended by Mr. Samuel, that adherence to these instructions will bring you into collision with your ministers. I should deeply regret it. But in so painful a contingency it would be better to be in collision with your advisers than with the law. A difference, however, with your ministers would render it necessary to ascertain the wishes of the Colony. I am myself disposed to think that the obstacle which is imposed on unauthorised expenditure by requiring for it the personal sanction of the Governor, in addition of course to the judg- ment of the ministry, is a useful obstacle, and it is not improbable that the Colony would pronounce in favour of retaining it. But Her Majesty’s Government have no desire to dictate one or the other conclusion. Whatever is the decision of the Colony you will be bound to defer to it. If the question arises how that decisionshould be expressed, the first and most satisfactory answer is that it should be embodied in an enactment ° repealing or modifying the 55th section of the Constitution Act.’ 1279

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 1)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation