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 III. The Parliaments of the Dominions

Collection:: Economics Books

442 PARLIAMENTS OF THE DOMINIONS [PART III defeated by its opponents bringing indirectly the question before the Courts which pronounced payments in this way without legislative appropriation to be contrary to law, with the result that the practice could no longer rank as a convenient method of securing the appropriation of money without the concurrence of the Upper House. The general rule, which has no exception in the Dominions, secures a control over all expenditure to the Government of the day by requiring that any proposed appropriation shall be recommended by the Governor to the Lower House! The action of the Governor in this regard may be regarded as purely ministerial ; he has indeed on one occasion—that of the grant to Lady Darling in 1868—been instructed not to bring the matter before the Lower House by making the formal recommendation required, but that is a special case, and related to a payment to be made to a wife of a servant of the Imperial Government, and the instruction was revoked a month later by a dispatch of February 1, 1868, and the action of the Governor may now be regarded as being not a matter for discretion at all. But, in addition to that, all moneys must be issued under a warrant signed by him, and his signing such a warrant is not a ministerial act at all, but a matter in which he must exercise his discretion and satisfy himself that the grounds for his signature are good. The mode in which moneys are issued may be illustrated by the case of the Commonwealth procedure, which is in essentials the ordinary Australian plan of action? The Treasurer draws up statements of money required to the Auditor-General, whose duty it is, after seeing that the sums mentioned are legally available, to sign the instrument. Then the instrument is taken by the Treasurer for the ' For Canada see 30 Vict. c. 3,85. 54,90, repeated in all the provincial Acts: Newfoundland, 5 & 6 Vict. e. 120, 5. 1, and royal instructions, May 4, 1855, thereunder ; Commonwealth, 63 & 64 Vict. c. 12, Const. 5. 56 ; New South Wales, Act No. 32 of 1902, 5.46; Victoria, 18 & 19 Viet. c. 55, sched. 3. 57; Queensland, Act 31 Viet. No. 38, s. 18; South Australia, Act No. 2 of 1855-6, 5. 40; Western Australia, 53 & 54 Vict. c. 26, sched. s. 67 ; Tasmania, 18 Vict. No. 17, s. 33; New Zealand, 15 & 16 Vict. c. 72,8. 54; Union, 7 Edw. VIL c. 9, s. 64. * Harrison Moore, Commonwealth of Australia ®, pp. 150 seq.

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