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

336 THE EXECUTIVE GOVERNMENT [PART 11 do so, and he cannot decide if he is not able to obtain all the information he needs. Normally a Governor will, of course, be justified in accept- ing the advice which he receives from his ministers as being a correct statement of facts and law! but he is not bound to be so satisfied if he has reason for suspicion, and in matters of law he has been definitely told that he must exercise his own judgement if he is in doubt. In cases where, for any reason, a Governor might distrust the statements made by ministers he would be entitled ? to get information from any sourcewhich wasavailable, but the responsibility ona Governor who did this would be very great, and of course he would re- quire to be prepared to face the resignation of his ministers : happily in modern times the case is not very likely to arise. It is, of course, grossly improper to anticipate, except in some urgent necessity, the decision of the Governor : 3 there have occurred from time to time in Australia cases of releases of criminals before the formal sanction of the Governor has been accorded, but on no occasion has the action been defended by ministers, and its lack of propriety is 80 obvious that a Governor who dismissed his ministers on the ground of any such action would have popular sympathy with him. There has recently been seen in a Canadian case the danger of an officer of the Government declining to submit a petition to the Lieutenant-Governor, on the ground that the decision taken would be that of the Ministry not to grant the petition : in the case in question it was held by the Supreme Court of Canada and the Privy Council that damages were recoverable, though Sir R. Finlay, for the defence, urged that the decision being that of ministers the necessity of actually submitting it to the Lieutenant-Governor did not exist 4 ! Cf. Lord Crewe in House of Lords, July 25, 1910, vi. 406-12; House of Commons Debates, June 29, 1910; Parl. Pap., C. 2173, p. 81. * Seethereport of the Victoria Commission on Sir T. Bent’s illegal expendi- bure, Parl. Pap., 1909, Sess. 2, No. 1. Cf. Parl. Pap., C. 3382, pp. 139 seq. * Cf. New South Wales Legislative Assembly Journals. 1859-60, i. 1131: Parl. Pap., C. 3382, p. 268. * Fulton v. Norton, [1908] A. C. 451 ; 398. C, R. 202. Cf. also Rusden, New Zealand. iii. 446.

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