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

Usage license:: Get license information via the feedback formular.

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

cHAP. vii] CABINET SYSTEM IN DOMINIONS 303 the Cabinet are not summoned to meetings of the Privy Council under normal circumstances. Tt is curious how old and vague ideas of the Council as a body which can act as one may revive : in the discussion on the case of the prisoner Hudson in Tasmania’ it was suggested in the press that the whole of the Executive Council should be called together to deliberate on the fate of the prisoner, but naturally that was not done. But it is rather remarkable that in 1908 there should be so distinct an echo of what was a favourite idea of Sir G. Bowen when Governor of Victoria, that the enlarged Privy Council could perhaps in a case of need be called into being. Like the Privy Council, the Executive Council is normally a creation of the prerogative: this is the case in all the Colonies except the Dominion of Canada, the Commonwealth, and the Union of South Africa. In all these cases, as there was being created a new parliamentary body which the Crown had no prerogative to create, it was felt right—though not probably? necessary—that the Executive authority should also be so created, and this remark applies also to the case of the Provinces of Ontario and Quebec, which were created out of the United Province of Canada by the British North America Act. The Executive Councils in the maritime pro- vinces and in British Columbia exist in virtue of the preroga- tive, though the Executive Councils have in various details been regulated—not created—by Act since : in the case of the three provinces so far created by Canada, Manitoba, Alberta, and Saskatchewan, the Council is created by the Dominion Act establishing the constitution and regulated by provincial Acts. In the case of New Zealand, Newfound- land, and the Australian States, as in the case of the four Colonies of South Africa before the Union, the existence of the Council was provided for in the letters patent, and the 1 Hobart Mercury, October 20 and 21, 1908. 2 Tt is clearly recognized by Clark, Australian Constitutional Law, pp. 190 seq., that the prerogative of the executive control attached at once to the Commonwealth as to the Federation of Canada. So also to the Union.

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