Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

656 THE FEDERATIONS AND THE UNION [PART IV perform all the acts for a province which a Governor may perform for a Colony, as for instance, the appointment of officers, the dismissing of officers, the summoning, proroguing, and dissolving of Parliaments, and so forth. The power of pardon is given by local statutes in all the provinces, and the power of altering the Great Seal is given by Imperial statute in the case of the new Provinces of Ontario and Quebec and by local Acts in the old provinces which joined the Federation, and by the constitutions in the case of the created provinces. The real position of the Lieutenant-Governor is that he is the wielder of the executive power of the province in its entirety, just as a Colonial Governor wields the power of the Colony. Some confusion has crept into the discussion of his position as the result of the vague use of the preroga- tive. In its widest sense all executive government may be called a part of the prerogative, but the term is perhaps more generally applied merely to that portion of the executive authority which rests not on statute but on the common law. It may be more convenient to adopt the wider use of the term, and to ascribe to the Governor of a Colony and the Lieutenant-Governor of a province the royal prerogative, but it must be remembered that the preroga- tives they wield are those appropriate to a Colony or province, and, as has been already seen, these prerogatives are not co-extensive with those of the Crown in the United Kingdom. When this view is borne in mind, it is easy to see that Lefroy?! is wrong in rejecting the arguments of the Ontario Government in the Lieutenant-Governor’s most admirable dispatch of January 22. 1886.2 those of Mr. Blake in the Lt Legislative Power in Canada, pp. 90-122. He fully admits that Lieutenant-Governors represent the Crown—the question is how far they do so. But he seems wrong in treating Blake’s views as those of Higin- botham ; Blake does not say that the executive power is given by the Act of 1867 in the sense in which Higinbotham held that the Act of 1855 gave it in Victoria. For incorrect views see the references on p. 106, note 1, and Lord Granville’s dispatch of February 24, 1869, in Canada Sess. Pap., 1869, No. 16; Lord Carnarvon’s dispatch, January 7, 1875, in Sess. Pap., 1875. No. 7. 2: Ontario Sess. Pap., 1888, No. 37, pp. 20-22,

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