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

CHAP. 1] THE DOMINION OF CANADA 659 asserted the same principle of the prerogative of the Queen being as extensive in Her Majesty's Colonial possessions as In Great Britain where it was not expressly limited by local law or statute; in that case they decided that by the law, the Civil Code and Procedure Code of the Province of Quebec, the prerogative was limited to the case of the com- mon debtor being an officer liable to account to the Crown for public moneys collected or held by him. If the preroga- tive existed it also was available to the provinces, which would otherwise be reduced to the rank of dependent muni- cipal instrumentalities, but for this contention the Privy Council was unable to find either principle or authority. They continued :— Their Lordships do not think it necessary to examine, in minute detail, the provisions of the Act of 1867, which no- where profess to curtail in any respect the rights and privi- leges of the Crown, or to disturb the relations then subsisting between the Sovereign and the provinces! The object of the Act was neither to weld the provinces into one, nor to subordinate provincial governments to a central authority, but to create a Federal Government in which they should all be represented, entrusted with the exclusive administration of affairs in which they had a common interest, each province retaining its independence and autonomy. That object was accomplished by distributing, between the Dominion and the provinces, all powers executive and legislative, and all Public property and revenues which had previously belonged to the provinces ; so that the Dominion Government should be vested with such of these powers, property, and revenues as were necessary for the due performance of its constitutional functions, and that the remainder should be retained by the Provinces for the purposes of provincial government. But, In so far as regards those matters which, by s. 92, are specially reserved for provincial legislation, the legislation of each province continues to be freefrom the control of the Dominion, ' This passage serves as a useful reminder of the incorrectness of the doctrine as developed by Mr. Higinbotham to mean that no instructions could be given to a Colonial Governor by the Crown, and asserted by the Parliament, of Victoria, December 22, 1869; Parliamentary Debates, ix. 2670, 2671. Lefroy, op. cit., p. 121, is quite right in repudiating this doctrine, but it is not involved in Mr. Blake’s views or those of Burton J., and the Ontario Government. H or

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