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

264 THE EXECUTIVE GOVERNMENT [PART II involved a grave responsibility ; and it has led, by natural consequence, to the Address which I have now to consider. The Secretary of State proceeded to announce the decision of the Imperial Government to terminate Sir C. Darling’s tenure of office, and directed him to leave the Colony in the >harge of the officer commanding. Governor Darling was therefore removed from office. But it was found necessary to remind later, in 1867, his successor also of the essential duty of observing the law : in a dis- patch of February 1, 1868,! the Secretary of State wrote :— But in any case in which the law invests you with the power of preventing the issue of public funds by refusing your warrant, or of preventing the conclusion of any contract, for the satisfaction of which no money has been provided by Parliament, Her Majesty’s Government are unable to relieve you of the necessity of deciding for yourself, according to the circumstances, whether you would be warranted in asing that power in order to prevent an issue of public funds which may appear to you unconstitutional. In the constitutional struggle, as renewed in 1878, the Governor had the misfortune to receive a rather severe rebuke from the Secretary of State for his action in allowing the Government to dismiss a large number of public servants. His action was not, it was clear, illegal, for it was upheld by the Courts except as to some minor matters, and the principle on which the censure of the Secretary of State was based was the necessity of maintaining the rule of the constitution that public servants who were not ministers were not liable bo dismissal on political grounds. In a dispatch of July 5, 1878,2 the Secretary of State laid down the rule that the Governor was bound to secure respect for law, though he might normally act on the advice of his law officers if they advised as law officers not as ministers, but even if they advised he was not bound to accept their legal advice if he felt that it was wrong. He might break the law in case of necessity, but the necessity must be very strong and very clear : the responsibility was a grave one, and should only * Parl. Pap., H. C. 157, 1868, p. 50. # Ibid, C. 2173, p. 84.

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