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

298 THE EXECUTIVE GOVERNMENT [paRT II § 2. Tue GOVERNOR'S DUTIES UNDER IMPERIAL AcTs There are, in addition to the duties which the Governor has to perform as the head of the Colonial Government, many which he has to do as a mandatory of the Imperial Parlia- ment. Thus, for example, he is empowered to grant certifi- cates of re-admission to British naturalization, under s. 8 of the Imperial Naturalization Act, 1870. Again, he is given a great variety of powers with regard to British shipping by ss. 84, 90, 205, 366 of the Merchant Shipping Act, 1894. He is also the authority for many acts under the Fugitive Offenders Act, 1881, and the Extradition Acts, 1870 (s. 17) and 1873 (s. 1). His authority is required if a prosecution of foreigners is taken under the terms of the Territorial Waters Jurisdiction Act, 1878, and he is empowered to grant various licences under the Pacific Islanders Protection Acts, 1872 and 1875; he has duties under ss. 54, 89, 94, 131, 132 of the Army Act, 1881, under the Colonial Courts of Admiralty Act, 1890 (s. 9), and there are a good many other cases. In all these instances there is no doubt that the Governor can legally act without the advice of ministers at all, and on the theory of Mr. Higinbotham he should so act, though that authority considered that some of the powers vested in the Governor as regards merchant shipping should really be transferred to the Governor acting under Colonial Acts. But as a matter of fact and of propriety, the Governor will con- sult his ministers in every case before acting. For example, it is on ministers that the real burden should fall of deciding whether or not a fugitive criminal whose extradition is being asked for should be handed over: no doubt the Governor must on imperial grounds retain a discretion, and the matter can never be one where the Ministry can constitutionally say that he must accept advice or resign, for he is not acting in any direct way as head of the Government; but still it would be a mistake to imagine that he should do such an act without ministerial advice, inasmuch as he needs ministerial assistance if there is anything to be done. Fortunately there is admirable authority for this view of

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