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

286 THE EXECUTIVE GOVERNMENT [part 11 and properties of persons not residing in the Colony. But what is more important still is the fact that all these provi- sions may be read as only applying in the cases where they substantially affect the classes of subjects mentioned in their Imperial aspect as affecting people and places outside the Colony in question. You can legislate as you think fit for yourselves, the Imperial Government in effect says, but you must not without some check such as reservation legislate for us. It will be seen that in some cases in executive acts of the ordinary kind, in more in regard to the prerogative of mercy, and in quite a number as regards the reservation of Bills, the Governor has no option but to obey his instructions unless he desires to be faithless in his duty to the Imperial Govern- ment. The peculiar nature of his position in these cases is reflected in the fact that the Governor is entitled under the Colonial regulations to receive, and, what is more important, does receive in each case ere he assents to an Act an assurance from his law officer, given as such, that the Bill is one which he can properly assent to on legal grounds, and, where there are any instructions specifying the classes of Bills to be reserved, he adds that there are no provisions in the instruc- tions which require reservation. The advice is not given by the Premier as Premier, even if he happens, as has been the case,! to hold the position of Attorney-General as well ; it is given as that of the legal adviser of the Governor, as the Crown law officer, as the Commonwealth phrase is, and in no other capacity, and in those cases where the Minister of Justice is also Attorney-General he expressly gives the opinion as Attorney-General? It will be convenient to consider later on the cases in which Imperial interference has been employed in the past and will be used in the future, but the question here arises of ! e.g. in New South Wales during Mr. Wade's Ministry, 1907-10. * e.g. in Newfoundland. So in New Zealand the Attorney-General, not the Minister of Justice, certifies. In Canada, for some unknown reason, no certificate is given, perhaps because thore are no classes of Canadian Bills which must legally be reserved, but that applies to New Zealand also.

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