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 VI THE GOVERNOR AS AN IMPERIAL OFFICER § 1. Tue GoveErNoOR’s DUTY UNDER IMPERIAL INSTRUCTIONS TrE Governor, besides acting according to law, has to act according to the instructions of the Secretary of State. He is called upon to do so by the instruments which create his office and appoint him Governor! and he obeys the Secretary of State as the mouthpiece of the Crown. It isno longer the practice to issue all instructions in the name of the Crown, as was once the custom, and the royal name is reserved for the most important formal instruments, but the instruction of the Secretary of State is issued for the Crown, and is as binding as though conveyed in a formal instrument. Tt has indeed been argued in Canada that the prerogative cannot be exercised by anything less than a formal instrument ;?2 this was done with reference to the question of the validity of legislation as to the appointment in the Canadian provinces of Queen’s Counsel, but it is impossible to accept that view as so expressed. The formal intimation is sometimes more suitable than the informal, but in the absence of law to the contrary the intimation of the royal pleasure under the hand of the Secretary of State is sufficient. Now these instructions may in many cases place the Governor in opposition to the Ministry of the day, and, as a matter of fact, historically there have been many cases in which this divergence has appeared. The instructions have always been based on some broad Imperial interest which was supposed to require their maintenance, and there- fore wherever the Governor has obeyed them and differed from his ministers they have really rested upon Imperial ' See e.g. Commonwealth Letters Patent, clause i; Governor-General’s Commission, clause ii, 1 Lenoir v. Ritchie, 3 8. C. R. 575.

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