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

cuap. v] THE GOVERNOR AND THE LAW 269 § 2. MARTIAL Law But these are lesser matters,! and the real importance of the question arises in the application of the rule to the proclamation of martial law by the Governor. In no self- governing Colony is there any provision for martial law as part of the law of the land, and there is therefore no statutory basis on which the proclamation of such law can rest. Nor again can it be held that there is any common-law right to proclaim martial law : it is no part of the preroga- tive to upset the established law of the land. On the other hand, there need not necessarily be any illegality in the issue of a proclamation of martial law : it would be difficult to see what crime would be committed by the mere issue, and at any rate, even if conceivably there might be regarded as being some crime in issuing a proclamation which might lead to serious disturbances from aggrieved citizens, the risk of any Court so holding does not seem to be great. For after all, the proclamation stripped of its phraseology merely means that, in the opinion of the Executive, there exists a state of matters in which the suspension of the ordinary legal forms is necessary, and it operates as a warning to citizens that this is the case, and that they should therefore be on their guard to maintain order : it may even be that such a proclamation may have effect in terrifying evil-doers and mitigating the evil results of their machinations against the State. Now the acts done under martial law may be viewed in two aspects : there are acts which can be justified A curious case arose in December 1910: the Labour Government of South Australia found itself faced with a most serious strike, which para- lysed the food-supply of the town of Adelaide. The Commissioner of Police gave colour to a doctrine which would have allowed rioting to pass unchecked, and anarchy threatened. Fortunately the Government inter- vened with a correct statement of the law by its Attorney-General, and the strike subsided just in time to prevent serious difficulties. The Governor was believed to have brought influence to bear in favour of the vindication of the law, and an attack—clearly unjustified—on him by the Premier at a celebration banquet seemed to lend colour to this belief. The Opposition severely censured the Government ; see Adelaide Register, December 17-31, 1910, January 9, 1911,

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