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

726 THE FEDERATIONS AND THE UNION [PART Iv reserved Bill ceases to have any validity if not assented to by Order in Council within two years from the date when it was presented for the royal assent to the Governor-General. These provisions substitute the Governor-General for the Queen in the disallowance of Acts and in the giving of instructions for reservation and so forth. A curious dispute soon developed itself as to the sense of the provisions regarding the Governor-General. Sir John Young, in a dispatch of March 11, 1869, asked the Imperial Government whether he was right in assuming that in the case of Provincial Acts he should not send them home for the signification of the royal pleasure, but should deal with them on the advice of his ministers. In reply, Lord Granville informed him in a dispatch of May 8, 1869, that he was at liberty to follow the advice of ministers as a rule, whether or not he concurred in it as regards Acts which he deemed objectionable as illegal or unconstitutional, but in the case of Acts which he thought gravely unconstitutional, or which would have required reservation under the royal instructions in force for the Dominion, he should, even against the advice of ministers, refer home for guidance. This ruling was accepted by the Canadian Government at the time, and a copy of the dispatch was sent round with a copy of the relevant part of the royal instructions to all the Lieutenant- Governors, as a guide to them in the discharge of their functions? On the other hand, in a letter from the Privy Council Office of December 13, 1872, with regard to the education dispute in Canada, it was observed by the Lord President that the power of confirming or disallowing Pro- vincial Acts was vested in the Governor-General of Canada acting under the advice of his constitutional advisers, and that Her Majesty in Council had no jurisdiction therein. This clearly pointed to a different conception of the position from that laid down in the Imperial dispatches, which was ! Canada Sess. Pap., 1870, No. 85, pp. 3, 4; Provincial Legislation. 1867- 15, pp. 62-4; Lefroy, op. cit., pp. 193 seq. * Canada Sess. Pap., Lc., pp. 25-1. * Thid., 1876, No. 116, p. 85.

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